IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 1969 of 2010(U) --------------------------------------- PETITIONER(S): ---------------------- JOSE MATHEW, AGED 48 YEARS, S/O. MATHEW, PROPRIETOR, M/S. ROYAL MARBLES AND GRANITES, MUTTUCHIRA, KOTTAYAM. BY ADVS.MR.K.R.MICHAEL MR.FRANCIS JOSEPH KURISINKAL RESPONDENT(S): ------------------------ 1. ASSISTANT ENGINEER, KSEB, KADUTHURUTHY, KOTTAYAM. 2. ASSISTANT EXECUTIVE ENGINEER, KSEB, VAIKOM, KOTTAYAM. 3. DEPUTY CHIEF ENGINEER, KSEB, KOTTAYAM. 4. KSEB, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. R1 TO R4 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 1969 of 2010-U ------------------------------ Dated this the 20th day of January, 2010. J U D G M E N T The learned counsel for the petitioner submits that, liberty might be given to the petitioner to withdraw the writ petition so as to enable him to approach the appellate authority by filing statutory appeal under Section 127(2), remitting 50% of the due amount covered by Ext.P2, along with the fees and appeal charges as prescribed. 2. Heard the learned standing counsel for the Board as well. In the above facts and circumstances, permission sought for is granted and the writ petition is dismissed as withdrawn, without prejudice to the right of the petitioner to avail the statutory remedy as aforesaid. If the appeal is preferred by the petitioner within two weeks as above, the same shall be considered and appropriate orders shall be passed thereon, in accordance with law, after hearing all concerned, as expeditiously as possible, at any rate within three months thereafter. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON ab JUDGE