IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 1028 of 2009(V) --------------------------------------------- PETITIONER(S): ---------------------- JANAKI M.P., MARUMAPARAMBATH HOUSE, CHERUVATHUR POST, KOZHIKODE. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUDHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT DIRECTOR, ELECTRICAL SECTION, RAMANATTUKARA. 3. THE DEPUTY CHIEF ENGINEER, (APPELLATE AUTHORITY), ELECTRICAL CIRCLE, KOZHIKODE. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 1028 OF 2009 V -------------------------------------- Dated this the 21st January, 2009 JUDGMENT According to petitioner, there was a proceeding under Section 126 of the Electricity Act. An order was passed. Petitioner preferred Appeal. It was accompanied by 1/3rd of the total amount. Petitioner was given some time for depositing the balance amount. But, the petitioner did not deposit that amount within the time given, as according to her, she got the communication later. According to petitioner, she is prepared to pay the amount to make up the balance of fifty per cent as required under Section 127(2) of the Act. Shri P.P. Thajudeen, learned standing counsel appearing for the respondent Electricity Board would submit on instructions that the Appeal itself may be barred. It is pointed out by the learned counsel for the petitioner that there is no such case in the notice issued calling upon her to remit the balance amount. In such circumstances, the Writ Petition is disposed of as follows: WPC.1028/09 V 2 There will be a direction to the third respondent to consider Ext.P7 Appeal on merits if the Appeal has been filed in time and if the petitioner remits the balance amount to make up fifty per cent within a period of two weeks from today. For a period of three weeks from today, there will be no disconnection. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge