IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 22939 of 2009(J) -------------------------- PETITIONER(S): --------------- BINDU WILSON PROPRIETRIX OF SNEHA TYRES PUZHAMPALLAM, MARTHAKARA.P.O. THRISSUR DIST. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): --------------- 1. THE ASST. ENGINEER, ELECTRICAL SECTION MARATHAKARA, THRISSUR DIST. 2. THE EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, OLLUR, THRISSUR DIST. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 &2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.22939 OF 2009 ------------------------ Dated this the 12th day of August, 2009. JUDGMENT Petitioner's case is that subsequent to August, 2008, after a fresh minimum guarantee agreement was executed and a new transformer was installed, and a fresh power connection with 30 K.W was given to him. It is stated that, however by Ext.P3 he was issued bill for a period prior to August, 2008 and it was paid under compulsion and that he is again faced with Ext.P4 bill for the period from 16.10.2007 to November, 2008, which according to the petitioner is substantially for the period when there was no supply during the period mentioned in Ext.P4. On receipt of Ext.P4, Ext.P5 notice was issued and it is in these circumstances the writ petition is filed. 2. In my view, if the petitioner is aggrieved by Ext.P4, she will have to approach the appellate authority in terms WP(c).No.22939/09 2 of Section 127 of the Indian Electricity Act,2003. Therefore, in order to enable the petitioner to pursue the appellate remedy, I dispose of this writ petition with the following directions. For a period of 4 weeks from today, coercive action against the petitioner will be kept in abeyance and in the meanwhile, it will be open to the petitioner to file appeal as provided in Section 127 of the Act. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.22939/09 3