IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 1036 of 2010(D) ------------------------------------- PETITIONER: ------------------- ALEX MATHEW, PROPRIETOR, P.C.NET, PERUNILATHUR BUILDINGS, ERATTUPETTA, KOTTAYAM DISTRICT. BY ADV. MR.PAULY MATHEW MURICKEN. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, PALA. 3. EXECUTIVE ENGINEER, KSEB, ELECTRICAL CIRCLE, PALA. 4. ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, ERATTUPETTA. R1 TO R4 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 1036 of 2010-D ------------------------------ Dated this the 12th day of January, 2010. J U D G M E N T Challenging the assessment order, the petitioner has already approached the appellate authority by filing statutory appeal as borne Ext.P8, which is stated as pending consideration. The grievance of the petitioner is that, coercive steps are being pursued by the respondents notwithstanding the pendency of the appeal and the possible disconnection. 2. The learned standing counsel appearing for the respondents submits that the appeal can be considered only if the petitioner deposits 50% of the due amount, besides the requisite fee to be paid in respect of the appeal. 3. In the above facts and circumstances, the petitioner is directed to satisfy the above requirements within two weeks from the date of receipt of a copy of this judgment and on such event, the appellate authority (2nd respondent) shall consider and pass appropriate orders on Ext.P8, in accordance with law, of course after giving an opportunity of hearing to the petitioner as expeditiously W.P(C) No. 1036 of 2010-D 2 as possible; at any rate within one month from the date of re- presentation of the appeal proceedings after curing the defects. Subject to the above, the coercive proceedings including disconnection shall be kept in abeyance. The Writ Petition is disposed of accordingly. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No. 1036 of 2010-D 3