IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24698 of 2009(F) -------------------------- PETITIONER(S): --------------- ABDUL KAREEM, AGED 55 YEARS, S/O.MUHAMMED SHERIF HAJI, PAZHERI PLAZA, KODATHIPPADI, MANNARKKAD. BY ADV. SRI.O.P.NANDAKUMAR MR.V.A.AJAIKUMAR RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, MANNARKKAD, PALAKKAD. 3. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, SHORANUR. MR.P.P.THAJUDEEN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24698 of 2009 --------------------------------- Dated, this the 27th day of August, 2009 J U D G M E N T Based on an audit query, the petitioner was issued Ext.P1 bill demanding an amount of Rs.80,972/-. On its receipt, though, the petitioner filed Ext.2 objection, the objection was over ruled by Ext.P3 order passed by the Assessing Officer. Aggrieved by it, the petitioner filed Ext.P4 appeal to the 3rd respondent, along with an application for waiver of the pre-deposit of 50% of the amount due. In this writ petition, what is sought for is a direction to the 3rd respondent to dispose of the appeal, and not to take any coercive action in the meanwhile. 2. Admittedly, the petitioner has not complied with the condition prescribed under Section 127(2) of the Electricity Act, 2003 requiring remittance of 50% of the amount due to entertain the appeal. If that be so, I cannot find fault with the respondents in not considering the appeal. Therefore, the direction sought to dispose of the appeal filed cannot be granted. WP(C) No.24698/2009 -2- 3. Be that as it may, now that the petitioner has availed of the appellate remedy, this writ petition is disposed of with the following directions:- That if the petitioner remits the amount as required in Section 127 (2) of the Electricity Act, 2003 along with the appeal fee, if not already been remitted, to entertain the appeal, within one week from today, Ext.P4 appeal shall be entertained and considered on merits. Subject to the aforesaid conditions, coercive action pursuant to Ext.P1 will be deferred in the meanwhile. 4. The petitioner shall produce a copy of this judgment, along with a copy of this writ petition before respondents 1 & 3 for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg