V P NAIR Vs. K S E BOARD

JUDGEMENT

(1.) In the year 1979, a member of the learned profession of law, Shri. V. Padmanabhan Nair of Parur, sought the help of the court for the vindication of a right on behalf of the consumer-public. The action was against the Kerala State Electricity Board and an Engineer working under it. It was complained that electricity charges demanded were much in excess of his actual and legal liability.

(2.) Due to an unfavourable trend in the wind, the plaintiff's skiff got stranded on a rocky gorge: the courts below took the view that the suit was bad for non compliance with S.80 of CPC, which mandates a notice to Government as a pre-condition for initiation of litigation. The courts below took the view that the Electricity Board is 'Government' as the term is referred to in S.80, and that the Assistant Engineer of the Board is a 'public officer', as defined in S.2(17) of the CPC. The absence of notice according to those courts, was fatal to the maintainability of the suit.

(3.) The correctness of the view so taken by the courts below is challenged in the second appeal.