IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WA.No. 605 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.2693/2009 Dated 27/02/2009 .................... APPELLANT: PETITIONER ------------------------ C.J.MATHEW, CHENGALATH HOUSE, PANAMKAYAM ESTATE, UPPADA POST, NILAMBUR. BY ADV. SRI.PKM.HASSAN RESPONDENTS: RESPONDENTS ----------------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, K.S.E.B., MANJERI. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, CHUNGATHARA. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1-3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = W.A. NO. 605 OF 2009 = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF JUNE, 2011. J U D G M E N T C.N. Ramachandran Nair, J. This writ appeal is filed against the judgment directing the appellant to file statutory appeal against the disputed penalty. Even though Ext.P5 appeal is filed, the same is not taken up on account of non payment of 50% of the disputed penalty, which is a condition for maintainability of the appeal. The learned standing counsel submitted that statutory requirement of payment of 50% cannot be dispensed with. However, the Division Bench, while admitting the appeal, granted stay against recovery, on payment of 20%, which is already paid two years back. In the circumstances, we feel that the appeal can be directed to be disposed of without any further payment, more so, because the dispute is of penalty for alleged unauthorised extension of electricity supply . We accordingly, dispose of the writ appeal directing the second respondent to dispose of the appeal on merits without insisting on any further payment as a condition to maintain the appeal. Since the direction issued is based on the peculiar facts W.A. 605/2009 2 and circumstances of this case, the direction to hear the appeal on payment of 20% need not be treated as a precedent by the Kerala State Electricity Board for other cases. The writ appeal is disposed of as above. The second respondent will dispose of the appeal within three months and until then, no further recovery shall be made. The appellant will produce a copy of the judgment before the second respondent for information and compliance. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-