IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22400 of 2009(T) -------------------------- PETITIONER(S): --------------- M.S.ANANDAKRISHNAN,ANANDASAI, PULLIKKANAKKU,KAYAMKULAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. THE DEPUTY CHIEF ENGINEER,ELECTRICAL CIRCLE,K.S.E.BOARD,ALLEPPEY. 2. THE ASSISTANT EXECUTIVEL ENGINEER, ELECTRICAL SUB DIVISION,KAYAMKULAM. 3. SENIOR SUPERINTENDENT,ELECTRICAL SECTION K.S.E.BOARD,KAYAMKULAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22400 of 2009 --------------------------------- Dated, this the 6th day of August, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P6 demand notice. 2. According to the petitioner, for the electric connection availed of in the out-house attached to his residential premises, he was being charged under domestic tariff, and that following an inspection and Ext.P2 mahazar, the same was reclassified into commercial tariff. It is stated that thereupon he moved the 1st respondent by filing Ext.P5 and during its pendency, Ext.P6 demand has been issued. It is challenging Ext.P6, this writ petition is filed. 3. The learned standing counsel appearing for the respondent Board rightly points out that the remedy available to the petitioner against Ext.P6 is to file an appeal as provided under Section 127 of the Electricity Act. It is also stated that Ext.P5 is only a representation and cannot be treated as an appeal as provided in the statute. WP(C) No.22400/2009 -2- 4. Now that Ext.P6 demand has been issued to the petitioner, and if he is aggrieved by the same, the remedy available to the petitioner is to pursue the matter by filing appeal. This necessarily requires remittance of 50% of the amount demanded therein and also the fee prescribed for filing appeal. 5. In order to enable the petitioner to pursue the remedy of appeal available to him, I dispose of the writ petition with the following directions:- That within two weeks from today, it will be open to the petitioner to approach the 1st respondent by filing an appropriate appeal against Ext.P6 as provided under Section 127 of the Electricity Act. It is directed that if an appeal is filed, during its pendency coercive action pursuant to Ext.P6 shall be deferred, provided the petitioner remits 50% of the amount mentioned therein within one week from today. It is also ordered that if payment is made as above, it will be treated as made in compliance with the condition imposed under Section 127 of the Electricity Act. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg