IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11069 of 2010(G) ----------------------------------------- PETITIONER(S): ------------------------ 1. SUMMAYYA TARIQ, W/O.TARIQ ABDULLA, SUI HOUSE, CHAKKAMADOM, MAULANA AZAD ROAD, MATTANCHERRY, KOCHI-2. 2. JOSEPH ANANDAKUMAR, 8/2010,MAULANA AZAD ROAD,MATTANCHERRY, KOCHI-2. BY ADVS. SRI.N.SASI, SRI.MICHAEL M.WILSON, SRI.M.MOHAMMED NAZAR. RESPONDENT(S): --------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDUTHY BHAVAN,PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER,ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, MATTANCHERY, 3. THE SUB ENGINEER,ELECTRICAL SECTION, KSEBM,MATTANCHERRY. 4. THE EXECUTIVE ENGINEER, KSEB, THOPPUMPADY. R1 TO R4 BY ADV. SRI. P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 11069 of 2010-G ---------------------------- Dated this the 30th day of March, 2010. J U D G M E N T The petitioner has approached this Court challenging the steps taken by the respondents including by way of Ext.P8 order passed by the second respondent, followed by Ext.P9 bill, allegedly without any rhyme or reason. 2. Heard the learned standing counsel appearing for the Board, who submits that the petitioner, if aggrieved of Ext.P8, has got a statutory remedy under Section 127(2) of the Electricity Act 2003. It is stated that if any such appeal is filed, satisfying the statutory norms by depositing 50% of the amount due and effect the appeal charges, the same will be caused to be considered by the appellate authority, without delay. 3. The learned counsel for the petitioner submits that the petitioner is constrained to approach this Court, particularly in view of the fact that the electricity connection has been cut off; which has caused very adverse consequences with regard to the plight of the W.P(C) No. 11069 of 2010-G 2 children, who are undergoing studies and are facing the annual examinations. 4. After hearing both the sides, this court finds that the petitioner is at liberty to pursue the statutory remedy by way of appeal against Ext.P8. If any such appeal is filed within two weeks, the same shall be caused to be considered and finalised on merits, in accordance with law, and appropriate orders shall be passed therein, as expeditiously as possible. It is made clear that, if the petitioner deposits a sum of Rs.1 lakh with necessary re-connection charges, the respondents shall re-store the electricity connection to the petitioner forthwith. It is further made clear that, if the petitioner does not intend to pursue the statutory remedy for some or other reason, the respondents will be at liberty to proceed with further steps in accordance with law. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab