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. 15449 of 2008(L) ---------------------------------------------- PETITIONER: ------------------ RANGASWAMY.P., S/O.PALANIAPPA, AGED 52, KOLAYAKKODE, PUDUSSERY, PALAKKAD. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ---------------------- 1. THE CHIEF ENGIEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAKKAD. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, KANJIKODE ELECTRICAL SUB DIVISION, KANJIKODE, PALAKKAD. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, PALAKKAD. (ADDL. 3RD RESPONDENT IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED 26.5.2008) BY SHRI P.P. THAJUDEEN, SC, KSEB. 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. -------------------------------------- W.P.C. NO. 15449 OF 2008 -------------------------------------- Dated this the 26th May, 2008 JUDGMENT Petitioner has filed this Writ Petition challenging Exts.P2 and P4. Other reliefs also have been sought for. Petitioner has preferred an Appeal against Exts.P2 and P4 under Section 127 of the Electricity Act, 2003. 2. Petitioner is having an agricultural connection. But the Anti Power Theft Squad conducted a site inspection and it is alleged that the petitioner is misusing energy for washing sand and it is also found that he is not carrying on agricultural operations. 3. Petitioner has any way preferred Ext.P5 Appeal before the Deputy Chief Engineer, Electrical Circle, Palakkad. The Deputy Chief Engineer, Electrical Circle, Palakkad is suo motu impleaded as additional third respondent and the learned standing counsel takes notice on his behalf. I feel that the only relief to which the petitioner is entitled, is a direction to take up WPC. 15449/08 L 2 and dispose of the Appeal within a time limit on the petitioner depositing fifty per cent of the amount demanded under Ext.P2. Accordingly, the Writ Petition is disposed of as follows: If the petitioner deposits fifty per cent of the amount due as per Ext.P2, the additional third respondent will take up Ext.P5 Appeal and, after affording an opportunity of hearing to the petitioner, dispose of Ext.P5 in accordance with law within a period of one month from the date of deposit of the amount as aforesaid. K. M. JOSEPH, JUDGE kbk.