IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 21621 of 2008(Y) -------------------------- PETITIONER: ------------ SHYLAJA, W/O RAMESAN C.K., C.C. 25/45, VATHURUTHY, KOCHI -29. BY ADV. SRI.THOMAS T.VARGHESE SRI.N.SASI RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE SUB ENGINEER, ELECTRICAL SECTION, KSEB, THEVARA. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB THEVARA. 4. DEPUTY CHIEF ENGINEER, ERNAKULAM. BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 21621 OF 2008 Y ```````````````````````````````````````````````````` Dated this the 17th day of July, 2008 J U D G M E N T Petitioner challenges Exts.P1, P3 and P5. Ext.P5 is the order passed under section 126 of the Electricity Act after affording an opportunity for hearing to the petitioner. Ext.P5 is an appealable order. Petitioner has already preferred Ext.P6 appeal. It is submitted that the petitioner has remitted 50% of the assessed amount but the electric connection has been disconnected on 16.7.2008. 2. I heard learned standing counsel also. Learned standing counsel points out that along with the appeal in the prescribed form under section 127 of the Act the petitioner has to pay 2% of the assessed amount or a minimum of Rs.500/- as fee. Learned counsel for petitioner submits that the petitioner will file appeal within the time prescribed and also will remit 2% of the assessed amount as fee. Learned standing counsel does not seriously oppose the restoration of the electric connection in view of the fact that the petitioner has already paid 50% of the WPC.21621/08 : 2 : assessed amount. Accordingly, writ petition is disposed of as follows. Petitioner is relegated to file an appeal in the prescribed manner after remitting the fee within the prescribed time. In the meantime, in view of the fact that the petitioner has remitted 50% of the assessed amount as evident from Ext.P5, there will be a direction to the 3rd respondent to restore the electric connection to the petitioner immediately. If the petitioner does not file appeal under the prescribed manner after remitting fee within the time, it is open to the respondent to enforce the demand in accordance with law including disconnection. If appeal is filed as aforesaid, there will be no disconnection after restoration till the disposal of the appeal. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE