IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32244 of 2008(L) -------------------------- PETITIONER(S): --------------- AUGUSTINE PAUL, MANAYATH HOUSE, INDIRA ROAD, PALARIVATTOM, KOCHI-25. BY ADV. SRI.P.VINODKUMAR SRI.SUSHANTH.J. RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VIDYUT BHAVAN, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, POWER HOUSE ROAD, ERNAKULAM. 3. THE ASSISTANT ENGINEER, THEVARA SECTION, ERNAKULAM. ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 32244 OF 2008 L ```````````````````````````````````````````````````` Dated this the 6th day of November, 2008 J U D G M E N T Petitioner seeks declaration that he is entitled to get exemption from payment of one half of the provisional assessment bill being a disabled person under the Persons with Disabilities (Equal opportunities Protection of Rights and Full participation) Act, 1995. Petitioner also seeks a direction to pass orders on Ext.P6. There is no provision in the Persons with Disabilities (Equal opportunities Protection of Rights and Full participation) Act, 1995, for exempting the petitioner from payment of 50% of the amount due under the Electricity Act, 2003. The Electricity Act, 2003 is a central law. There is no question of overriding the Disabilities Act. That apart, there is no provision admittedly which gives any right entitling the petitioner to seek the first prayer. Ext.P6 is a petition seeking same relief. There is no basis for the same. WPC.32244/08 : 2 : 2. It is pointed out by the learned standing counsel that the appeal filed by the petitioner is not in the proper form. In such circumstances, writ petition is disposed of as follows. If the petitioner prefers appeal in the prescribed form and pays 50% of the amount demanded within one week from today, the appeal will be decided on merits after affording an opportunity for hearing to the petitioner. There will also be a direction to restore the connection to the petitioner immediately subject to the condition that the petitioner will pay 50% of the amount as aforesaid. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE