IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 6906 of 2009(G) ------------------------- PETITIONER(S): ------------------ AKHILESH K. , SREEKALA OXYGEN COMPANY MALE CHELARI, THENHIPALAM,MALAPPURAM DISTRICT BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S. RESPONDENT(S): -------------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 2. THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, CHELARI, MALAPPURAM. 3. THE SUB ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, CHELARI, MALAPPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 6906 OF 2009 (G) ===================== Dated this the 23rd day of May, 2009 J U D G M E N T Petitioner is an industrial establishment manufacturing oxygen availing of electricity supplied by the 1st respondent. There was an inspection by the Anti Power Theft Squad of the Board and Ext.P1 is the mahazar prepared disclosing that there was unauthorised connected load. Finally, the proceedings culminated in Ext.P4 issued by the 2nd respondent demanding a remittance of Rs.4,74,500/-. Petitioner filed its objection by Ext.P5. They were heard pursuant to Ext.P6 and finally by Ext.P7, the order was confirmed. It is at that stage this writ petition was filed challenging the proceedings resulting in Ext.P7. 2. Admittedly Ext.P7 is an order appealable under Section 127 of the Electricity Act, 2003. If that be so, I see no reason for the petitioner to bypass the statutory remedy even if there is any substance in the contentions raised about the sustainability of the impugned proceedings. It is now disclosed that pursuant to the order dated 13/3/2009, petitioner has already filed an appeal before the Appellate Authority. WPC 6906/09 :2 : 3. Now that the petitioner has also filed the appeal as above, it is directed that the Appellate Authority shall consider the appeal and pass orders thereon. In the meanwhile, the interim order dated 16/3/2009, which was extended thereafter will continue on the petitioner remitting 50% of the amount due within 4 weeks from today. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp