IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6874 of 2010(H) ------------------------- PETITIONER: --------------- JOSE BABY (LALU), THAMARASSERIL HOUSE, KAVANADU P.O., KOLLAM DISTRICT. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENTS: --------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, CHAVARA, KOLLAM. 2. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 6874 OF 2010 ......................................................................... Dated this the 3rd March, 2010 J U D G M E N T The petitioner is aggrieved of Exts. P1 to P3, which are under challenge raising many a contention, factual as well as legal. 2. The learned Counsel for the petitioner submits that there is absolutely no basis in calculating the figures stating as the liability due from the petitioner. According to the petitioner, if proper calculation is made, no amount is liable to be paid under any Head. 3. The learned Standing Counsel appearing for the respondents submits that the figures shown in Ext. P2 are very much in tune with the actual facts and figures and that if the petitioner is aggrieved of the impugned proceedings , there is a specific alternate remedy, as provided under Section 42(5) of the Electricity Act. 4. Taking note of the rival submissions, particularly the W.P.(C) No. 6874 OF 2010 2 apprehended steps of disconnection of power supply, this Court finds that the petitioner can be relegated to the appellate authority, providing some breathing time to pursue such exercise to avoid disconnection, subject to condition. 5. In the above circumstances, the petitioner is directed to deposit a sum of 'Rs. Twenty Thousand' within one week and the petitioner could pursue the appellate remedy by filing appropriate proceedings in this regard. If such proceedings are filed within two weeks, the same shall be considered on merits and appropriate orders shall be passed in accordance with law, as expeditiously as possible. It is also made clear that on satisfying the amount as above, no disconnection of the power supply shall be effected till the proceedings are finalised by the appellate authority as mentioned herein before. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk