IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 29584 of 2008(V) -------------------------- PETITIONER(S): --------------------- HASEENA BEEGUM.K.H, AGED 36 YEARS, W/O. LATE SHANAVAS KHAN, KANNADI PARAMBIL HOUSE, KOCHUPALLY ROAD, THOPPUMPADY, KOCHI-5. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, ERNAKULAM. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, THOPPUMPADY, KOCHI-5. BY SC SRI. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.29584 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 JUDGMENT Petitioner has approached this court for a direction to the second respondent to consider Ext.P3 appeal and pass orders and not to compel the petitioner to make further payments in pursuance of Ext.P1. Petitioner preferred Ext.P3 appeal under Section 127 of the Electricity Act. Under sub section (2) of Section 127 the appeal will be entertainable only if it is accompanied by payment of 50% of the amount. Petitioner cannot claim relaxation from the said provision. 2. Learned Standing Counsel points out that Ext.P3 is not in proper form therefore, there may not be a direction to consider Ext.P3 as such. Accordingly, the writ petition is disposed of as follows: If the petitioner prefers an appeal within a period of three weeks from today in the proper form accompanied by payment of 50% of the amount under Section 127(2) of the Act, the appeal will be considered and decision taken in accordance with law. (K.M. JOSEPH, JUDGE) sb