R.P. No. 404 of 2025 1 2025:KER:29268 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 RP NO. 404 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.4107 OF 2019 OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER IN WP(c): M/S CHERAI BEACH RESORTS AGED 64 YEARS VYPIN ISLAND, KOCHI,KERALA REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR DR. N.S RANJITH, PIN - 683514 BY ADV JOSE J.MATHAIKAL RESPONDENTS/RESPONDENT IN WP(c): 1 KERALA STATE ELECTRICITY BOARD LTD VYDYUTHI BAHAVANAM, PATTAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695004 2 THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE LECTRICITY BOARD LTD, ELECTRICAL SUB DIVISION, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683513 3 THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN, P ATTAM, THIRUVANNATHAPURAM, PIN - 695004 4 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BAORD LIMITED, ELECTRICAL SECTION, CHERAI, ERNAKULAM DISTRICT, PIN - 683514 R.P. No. 404 of 2025 2 2025:KER:29268 5 THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY CC51/52,NEAR 110 KV SUBSTATION, VYTTILLA, KOCHI, PIN - 682019 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 0 R.P. No. 404 of 2025 3 2025:KER:29268 HARISANKAR V. MENON, J. ------------------------------------ R.P. No. 404 of 2025 -------------------------------------- Dated this the 25th day of March, 2025 ORDER The review petition have been filed essentially pointing out that the challenge in the writ petition was on three grounds. However, at the time of arguing the writ petition only two grounds were urged before the Bench. 2. Sri.Jose J. Mathaikal, the learned counsel for the petitioner would contend with reference to the contents of Annexure A2 that the point at Ground No.(c) as pointed out in the Review Petition has already been considered in favour of the consumer by the appellate authority and the Board has filed a writ petition challenging Annexure A2 orders and the matter is pending consideration before this Court. He prays that the 3rd ground may also be considered, through this review petition. R.P. No. 404 of 2025 4 2025:KER:29268 3. Sri. Amal Dharshan representing Dr. Tushara James, Standing Counsel for the KSEB, however points out that no valid reasons have been highlighted for exercising the power for review under the provisions of the Code of Civil Procedure. 4. I have considered the rival submissions as well as the connected records. 5. I notice that as rightly pointed out by Sri. Jose J. Mathaikal, the submissions at the time of hearing of the writ petition were limited to grounds 1 and 2 alone. Sri. Jose may be right in saying that the 3rd ground was raised as a ground in the writ petition. However, facts remains that the 3rd ground, with respect to the connected load was not urged at the time of final hearing. In that view of the matter, the attempt made by Sri. Jose is essentially a rehearing of the entire issue, which, I am afraid, is not possible in a review petition. 6. Resultantly, I find no merit in the review petition and the same would stand dismissed. 7. At this juncture, Sri.Jose would point out further that coercive R.P. No. 404 of 2025 5 2025:KER:29268 proceedings have been taken against the review petitioner on the basis of the judgment of this Court rejecting the writ petition and a breathing time may be granted so that the review petitioner can challenge the judgment in the writ petition by way of an appeal under Section 5 of the Kerala High Court Act. Having considered the afore submission, I direct the respondents not to proceed further on the basis of the judgment of this Court for a period of three weeks from today. Sd/- HARISANKAR V. MENON, JUDGE sjb/25.03.2025 R.P. No. 404 of 2025 6 2025:KER:29268 APPENDIX OF RP 404/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF DEMAND DATED 24.2.2025 Annexure A2 TRUE COPY OF ORDER DATED 10.8.2023 IN APPEAL NO 10/2023 Annexure A3 TRUE COPY OF FINAL ASSESSMENT ORDER DATED 26.9.2018