IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 18450 of 2008(U) -------------------------- PETITIONER: ------------ ESTA JACKSON, W/O.M.P.JAKSON, MCP GARDENS, PO.IRINJALAKUDA, THRISSUR, PROPRIETRIX, M/S.VANITHA FOOD INDUSTRIES, IRINJALAKUDA, THRISSUR BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE ,KSEB, IRINJALAKUDA 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION NO.1, IRINJALAKUDA 3. SUB ENGINEER, ELECTRICAL SECTION NO.1 IRINJALAKUDA 4. ASSISTANT ENGINEER, APTS, PALAKKAD 5. KSEB, REP. BY THE SECRETARY, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.P.THAJUDEEN,SC,K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 18450 OF 2008 U ```````````````````````````````````````````````````` Dated this the 4th day of July, 2008 J U D G M E N T Petitioner challenges Exts.P6, P7 and P9 and also seeks a declaration that in the matter of filing appeals as contemplated under section 127, no pre-deposit is warranted. Ext.P6 is the provisional assessment bill issued under section 126. After hearing the petitioner, Ext.P7 order is passed. Against that the petitioner has preferred appeal under section 127. In that appeal, Ext.P9 is passed calling upon the petitioner to pay 50% of the assessed amount. Learned Standing Counsel submits that Ext.P7, in the facts of this case, is to be interfered with. He would point out that there was actually no misuse warranting the levying of the amount and the petitioner is called upon to pay the amounts. No interference is warranted under Article 226 of the Constitution because the petitioner has already approached the appellate authority. It is ordered that the petitioner is granted three months' time from today to deposit the amount demanded in Ext.P9. Writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks