IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 14952 of 2008(E) ------------------------------------------------ PETITIONERS: -------------------- 1. A.HASEEB, MANAGING DIRECTOR, VEE TEE RUBBERS EDATHALA NORTH,ALUVA. 2. N.A. SAINABA, EDATHALA POLYMERS EDATHALA, ALUVA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN THIRUVANANTHAPURAM 2. CHIEF ELECTRICAL INSPECTOR SECRETARIAT, THIRUVANANTHAPURAM 3. DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, PERUMBAVOOR. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION KIZHAKKAMBALOM. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 14952 OF 2008 E -------------------------------------- Dated this the 22nd May, 2008 JUDGMENT Petitioners have approached this Court challenging Exts.P4 to P6. They seek a direction not to disconnect power supply to the petitioners till the disposal of Ext.P9 Appeal. Heard the learned standing counsel appearing for the respondent Electricity Board also. Petitioners have already filed Ext.P9 appeal against Ext.P5. But, it is pointed out by the counsel for respondent Board that under Section 127 of the Electricity Act, 2003, an appeal cannot be entertained unless there is a deposit of fifty per cent of the amount demanded. Counsel for petitioners prays that some time may be given to deposit the amount. Having regard to the fact that Ext.P5 is appealable and that the petitioners have already preferred an appeal, I do not see any reason to entertain this Writ Petition. However, I am inclined to grant some time to deposit the amount under Section 127 of the Electricity Act. Accordingly, the Writ Petition is disposed of as follows: Petitioners are permitted to deposit twenty per cent of the amount within two weeks from today and they are permitted to pay the balance amount remaining to be paid under Section 127 (2) of the Electricity Act within one month from today. The WPC. 14952/08 E 2 proceedings against the petitioners pursuant to Ext.P5 shall be kept in abeyance, if the petitioners comply with the condition till a decision is taken on the Appeal. The third respondent will consider and take a decision on the Appeal in accordance with law, after affording an opportunity of hearing to the petitioners also, within two months of the petitioners paying the balance amount after deposit of twenty per cent of the amount. It is open to the petitioners to bring their complaint in regard to Ext.P6 also before the third Respondent in the course of the Appeal and the third respondent will consider the same in accordance with law. K. M. JOSEPH, JUDGE kbk.