IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 37854 of 2009(B) -------------------------- PETITIONER: --------------- C.P.JOHN, AGED 47, S/O C.V.PHILIPOSE, CHANDRAVIRUTHIL HOUSE, THUKALASSERY, THIRUVALLA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTAM, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, K.S.E.B., ELECTRICAL SECTION, THIRUVALLA, PATHANAMTHITTA DISTRICT. 3. THE EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL DIVISION, THIRUVALLA. 4. THE DEPUTY CHIEF ENGINEER, K.S.E.B., ELECTRICAL CIRCLE, PATHANAMTHITTA. R1 TO R4 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 37854 OF 2009 ......................................................................... Dated this the 4th January , 2010 J U D G M E N T The petitioner is mainly challenging Ext. P6 order issued by the second respondent, whereby the petitioner has been made to remit a sum of Rs.4,17,224/- in respect of unauthorised additional load availed by the petitioner. As borne by Ext.P6, the right of appeal is also specifically stated in the proceedings as stipulated under the relevant provisions of law, alerting the consumer that he has to remit 50% of the arrear amount for entertaining the appeal. The grievance of the petitioner as projected by the learned Counsel appearing for him is that Ext. P6 is not a speaking order; that there is absolutely no rationale in fixing the liability as above and that the petitioner is constrained to approach this Court as he is not in a position to avail the statutory remedy by remitting 50% of the arrear amount. 2. The learned Standing Counsel appearing for the Board submits that the prescription to deposit 50% of the arrear amount for entertaining the appeal is by virtue of the statutory provisions under Section 127 of the Electricity Act, 2003 and W.P.(C) No. 37854 OF 2009 2 that the same cannot be watered down under any circumstances. It is also pointed out by the learned Standing Counsel that if the petitioner satisfies the said requirement and files the appeal, the same will be duly considered by the concerned authority. 3. In the above facts and circumstances, interference is declined, however permitting the petitioner to avail the statutory remedy as prescribed. If any such appeal is filed paying the requisite amount as specified within two weeks from today, the same shall be considered and appropriate orders shall be passed by the 4th respondent/appellate authority in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of the judgment. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk