IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 15547 of 2008(A) -------------------------- PETITIONER: ------------------ P.T.AHAMMEDKUTTY, MANAGING PARTNER, M/S. MALABAR RUBBER INDUSTRIES, PULIMANTHODI HOUSE, THOOTHA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.ANAND RESPONDENTS: ---------------------- THE ASSISTANT ENGINEER, ELECTRICAL SECTION, CHERPULASSERY. BY SC ADV. SRI. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.15547 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2008 JUDGMENT Petitioner calls in question Exts.P1, P2, P4 and P5. Apparently the Anti Power Theft Squad conducted an inspection in the unit of the petitioner. According to the petitioner, it was done on a holiday in the absence of the petitioner. The connection was disconnected even before final assessment. Though a detailed explanation was given, without considering the contentions final order has been passed and the provisional bill is made final. 2. I heard learned counsel for the petitioner and the learned counsel for the respondent. Learned counsel for the respondent points out that petitioner has an efficacious alternate remedy by way of appeal under Section 127of the Electricity Act, 2003, and he has to deposit one half of the amount under sub section (2) of Section 127 for the appeal being entertained. 3. Having regard to the fact that the petitioner has an alternate remedy, I feel that the petitioner should be relegated to the alternate remedy available. The alternate remedy is an appellate remedy and the appellate authority can go into various contentions raised by the petitioner. WPC. 15547/2008. 2 Accordingly, the writ petition is disposed of as follows: If the petitioner deposits 50% of the amount raised in Ext.P5 and files an appeal under Section 127 of the Electricity Act, the concerned Deputy Chief Engineer will take up the appeal and take a decision in the matter in accordance with law after affording an opportunity of hearing to the petitioner within a period of two months from the date of filing of the appeal. Upon the petitioner depositing one half of the amount the respondent will reconnect the connection to the petitioner. (K.M. JOSEPH, JUDGE) sb