IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 29712 of 2008(K) ----------------------------------------------- PETITIONER(S): ---------------------- M/S KALYAN SILKS, REPRESENTED BY ITS MANAGING DIRECTOR , RAILWAY STATION ROAD, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): -------------------------- 1. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAKKAD. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, SULTANPET , PALAKKAD. 3. THE ELECTRICAL INSPECTOR, KERALA STATE ELECTRICITY BOARD, PALAKKAD. 4. THE SPECIAL OFFICER, REVENUE, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 5. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVANAM, PATTOM, TIRUVANANTHAPURAM. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29712 OF 2008 K -------------------------------------- Dated this the 15th October, 2008 JUDGMENT Complaint of petitioner is that Ext.P14 Appeal filed under Section 127 of the Electricity Act is not being considered. According to petitioner, petitioner has made payments which in the aggregate is, in fact, more than fifty per cent required to be deposited under Section 127(2) of the Act. Petitioner relies on Exts.P12 and P13 receipts in this regard. 2. Having heard the learned counsel appearing for the parties, the Writ Petition is disposed of as follows: First respondent will take up Ext.P14 Appeal and dispose of the same on merits after affording an opportunity of hearing to the petitioner also, provided the petitioner has effected payment of fifty per cent of the amount as required in law. If the Appellate Authority finds that the petitioner has paid fifty per cent of the amount, there will be no disconnection of the power supply to the petitioner till the disposal of the Appeal. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge