IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 17111 of 2008(K) -------------------------- PETITIONER: ------------------ COSMO FINE FOODS PVT.LTD.,OXFORD CENTRE, SREEKANDATH ROAD, COCHIN-10, REP. BY ITS DIRECTOR BY ADV. SRI.BECHU KURIAN THOMAS SRI.NAVEEN SHERRY LUKOSE RESPONDENTS: --------------------- 1. KERALA STATE ELECTRICITY BOARD, VIDYUDI BHAVAN, THIRUVANANTHAPURAM 2. DEPUTY CHIEF EINGINEER, ELECTRICAL CIRCLE, ERNAKULAM 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, ERNAKULAM 4. ASST.EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION COLLEGE, ERNAKULAM BY SC ADV. SRI. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 17111 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2008 JUDGMENT Petitioner challenges Exts.P4 and P4(a). Ext.P4 is the proceedings of the Assistant Engineer passed apparently after considering the objections of the petitioner under Section 126 of the Electricity Act. Against Ext.P4, it is pointed out by the learned counsel for the respondent that the petitioner has a remedy by way of filing appeal to the Deputy Chief Engineer. In the meantime learned counsel for the petitioner submits that the electricity connection has been disconnected after the filing of the writ petition. 2. Having heard counsel for the parties, the writ petition is disposed of as follows: The petitioner is relegated to prefer an appeal against Ext.P4 within the meaning of Section 127 of the Electricity Act, 2003. To make the appeal maintainable, the petitioner must also make deposit of 50% of the amount demanded in Ext.P4(a). If the petitioner remits the said amount and files an appeal, the appeal will be considered and appropriate orders passed in accordance with law within a period of two months from the date of filing of the appeal. As soon as the petitioner pays 50% of the amount and WPC.17111/2008. 2 the reconnection charges, electricity connection will be reconnected. If the petitioner makes payment at or before 5'o clock today, the amount will be received and reconnection effected. (K.M. JOSEPH, JUDGE) sb