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. 387 of 2010(W) ----------------------------------- PETITIONER(S): ----------------------- SINUDHEEN, S/O. MOHAMMED, OLANGATTU HOUSE, O.S.COMPLEX, OLAVAKKODE, PALAKKAD. BY ADVS. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE (KSEB), PALAKKAD. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION (KSEB), KALPATHY. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.387 of 2010-W ------------------------------ Dated this the 20th day of January, 2010. J U D G M E N T The learned counsel for the petitioner submits that the petitioner being aggrieved of Ext.P7 has already availed the statutory remedy by way of Ext.P8. But in view of the contention in the counter affidavit filed on behalf of the first respondent, stating that the petitioner will have to satisfy the entire liability covered by Ext.P7 in view of the stipulation under Section 135(A) of the Electricity Act 2005 and also in view of the decision reported in Premkumar M.S Vs. K.S.E.B & Others (2008(4) KHC 1048), the petitioner might be permitted to remit the requisite amount and to pursue the statutory remedy by way of appeal. 2. The learned standing counsel appearing for the respondents submits that Ext.P8 is not in proper form and the petitioner, if aggrieved, has to cure the defect by filing a proper appeal as prescribed, simultaneously remitting the entire amount covered by Ext.P7. 3. In the above facts and circumstances, the petitioner is W.P(C) No.387 of 2010-W 2 directed to clear the amount covered by Ext.P7 within one week and file a proper appeal before the competent authority within a period of two weeks from the date of receipt of a copy of this judgment. On such event, it shall be considered and finalised in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within three months thereafter. It is also made clear that, once the petitioner satisfies the liability under Ext.P7, the electric connection provided to the petitioner shall be restored forthwith. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab