NARAYANAN SANKARAN MOOSS Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Writ Petition under Article 226 of the Constitution, Mr. K. V. Surianarayana Iyer, learned counsel for the petitioner, who is the proprietor of the kottayam Electric Supply Agency, Kottayam, challenges the legality and validity of a notice and two orders passed by the State Government under the Indian electricity Act (Act IX of 1910), hereinafter to be referred to as the Act The notice is Ext. P1 and the orders arc Exts. P2 and P3.

(2.) EXT. P1 is a notice dated 17-8-1962 issued by the 1st respondent, the State of kerala, under Section 4 (3) of the Act, calling upon the petitioner, for the various grounds mentioned therein, as to why the license granted in his favour should not be revoked under Section 4 (1) (a) of the Act. The petitioner sent an explanation dated 5-11-1962, Ext. P19; and the State Government passed the order Ext. P2 dated 17-5-1963 revoking the license under Section 5 (1) (a) of the Act and fining 1st August 1983 as the date on which the said revocation shall take effect. In consequence, on the same date, the State Government passed another order, Ext p3, under Section 5 (1) (c) and 5 (3) of the Act, calling upon the petitioner to sell and deliver the undertaking to the 2nd respondent in these proceedings, the kerala State Electricity Board, on or before 1st July 1963. At this stage, we may also mention in this connection that certain communications passed between the 1st respondent State and the 2nd respondent Electricity Board; and we will have to revert, not only to those communications but also the matters referred to in exts. P1, P19, P2 and P3, at a later stage.

(3.) THE petitioner's father was granted a license for supplying electrical energy within the Municipal town of Kottayam under the Travancore Electricity Act, Act I of 1097, by order of the then State Government dated 14th February 1930. The conditions, rates, as well as the area of supply and other allied matters, are all referred to in detail in the said' licence. Ext. P4 is a copy of the license. In particular, Clause 10 of the said license provides for an option of purchase given under Section 7 (1) of the Travancore Electricity Act and also as to when exactly that option is to be exercised. There can be no controversy that if the license is to have full force, the first exercise of the option can be only at the expiration o ( 50 years from 14th February 1930.