IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WA.No. 1261 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.6906/2009 Dated 23/05/2009 .................... APPELLANT: PETITIONER ------------------------ AKHILESH.K, SREEKALA OXYGEN COMPANY, MALE CHELARI, THENHIPALAM,MALAPPURAM DISTRICT. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE RESPONDENTS: RESPONDENTS -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION,CHELARI, MALAPPURAM. 3. THE SUB ENGINEER,KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION,CHELARI, MALAPPURAM. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ----------------------------------------- W.A.No.1261 of 2009 ----------------------------------------- Dated this the 19th day of June, 2009 JUDGMENT Kurian Joseph,J. Appellant is the petitioner in the writ petition. Writ petitioner challenged the notices and the steps taken by the 3rd and 2nd respondents respectively. The issue pertains to the alleged unauthorised use of electricity by the petitioner and the consequential billing. Though several grounds were taken in the writ petition including that of jurisdiction, it is seen that during the pendency of the writ petition this court permitted the petitioner to file an appeal and that appeal is now pending before the appellate authority under Section 127 of the Electricity act 2003. In that view of the matter the writ petition was disposed of directing the appellate authority to dispose of the appeal on merits. There was also a further direction to deposit 50% of the bill amount as a condition for extension of the interim order. Though Sri.M.K.Damodaran, learned Senior Counsel, appearing W..No.1261/2009 -:2:- for the appellant has taken several contentions before us, we are afraid it may not be proper for this court at this stage to go into those contentions. Suffice to order that the appellate authority shall advert to all the contentions taken by the appellant including that of competency of the 3rd respondent in initiating the proceedings. As far as the pre-deposit is concerned, under Section 127(2) deposit of 50% is a mandatory pre requisite for entertaining an appeal. An appeal has already been filed during the pendency of the writ petition as directed by this court and thereafter only the writ petition was disposed of. In the above circumstances we do not find any merit in the appeal as far as the contention regarding pre deposit is concerned. However, we make it clear that the petitioner shall be granted two months time from today to make the pre-deposit and in case it is found that the liability of the appellant is either less or nil, the deposit shall bear interest as is received from the consumer for the belated payment. Subject to the deposit of W..No.1261/2009 -:3:- 50% as above, the interim order passed by the learned single Judge will continue till the disposal of the appeal. (KURIAN JOSEPH, JUDGE) (P.R.RAMACHANDRA MENON, JUDGE) ahg. KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. --------------------------- W.A.No.1261 of 2009 ---------------------------- JUDGMENT 19th June, 2009