IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28940 of 2008(T) -------------------------- PETITIONER(S): --------------------- SREE ANJANEYA MEDICAL TRUST, KANCHAS COMPLEX, OPP. INDOOR STADIUM, CALICUT 673 004 REP. BY ITS AUTHORISED SIGNATORY, DR. SUDHA ANIL. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENT(S): ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, KSEB, ELECTRICAL CIRCLE, CALICUT. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, ATHOLI, KOZHIKODE. BY SC SRI. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 28940 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2008 JUDGMENT Petitioner challenges Ext.P2. Petitioner is running a hospital. Apparently there is an inspection headed by the Sub Engineer. Ext.P3 is the representation given by the petitioner. It is stated that the second respondent agreed to look into the matter, but no action has been taken. The supply was disconnected on 23.9.2008. It is submitted that the petitioner has filed Ext.P4 representation. 2. I heard learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the Board. 3. Learned counsel for the Board submits that on the basis of the inspection it was found that there is unauthorised additional load and accordingly there is a provisional bill issued to the petitioner and subsequently the petitioner has filed its objection and considering the same, the matter was finalized and Ext.P2 is the final bill. He further points out that the remedy of the petitioner lies in filing the appeal. In such circumstances, the writ petition is disposed of relegating the petitioner to the pursuit of the appellate remedy within the period of limitation. If the petitioner prefers an appeal in the prescribed WPC.28940/2008. 2 form accompanied by payment of 50% of the amount as enjoined in Section 127(2) of the Electricity Act accompanied by necessary appeal charges, the appellate authority will consider the same with opportunity of hearing to the petitioner within a period of three months from the date of filing of the appeal. Immediately upon the petitioner remitting 50% of the amount, the connection, which has been disconnected will be restored to the petitioner provided that the appeal is filed within the period of limitation. (K.M. JOSEPH, JUDGE) sb