IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 598 of 2011(Y) ------------------- PETITIONER : -------------------- CATHOLIC REFORMATION LITERATURE SOCIETY, HOSANNA MOUNT, EDAMATTOM P.O., PIN 686 588, REP. BY ITS DIRECTOR JOSEPH PULIKUNNEL. BY ADVS. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN – 695 04. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PALA, PIN-686575. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PAIKA-686577. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, PAIKA-686577. 5. THE CONSUMER GRIEVANCE REDRESSAL FORUM, POWER HOUSE ROAD, POWER HOUSE BUILDING, ERNAKULAM, PIN-682031. R1 TO R4 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 598 OF 2011 -------------------------- Dated this the 7th day of January, 2011 J U D G M E N T Ext.P10 order passed by the fourth respondent upholding the provisional assessment made in Ext.P8 is under challenge in this writ petition. Ext.P8 provisional assessment was made following a site inspection of the premises of the petitioner on 28.10.2010 by the Anti Power Theft Squad of the Kerala State Electricity Board. The fourth respondent has in Ext.P10 held that the petitioner has used the power supplied at subsidised rates for commercial purposes. Ext.P10 is an order passed by the fourth respondent in exercise of the power under section 126 of the Kerala Electricity Act. Under section 127 thereof an appeal lies to the Deputy Chief Engineer. The period of limitation for filing an appeal is 30 days from the date of receipt of the order appealed against. In the instant case, Ext.P10 order was passed on 9.12.2010 and a copy thereof was served on the petitioner on 20.12.2010. As on today, the period of limitation prescribed for filing the appeal has not expired. In such circumstances, as the petitioner has an effective and alternate remedy by way of appeal and the period of limitation WPC No.598/2011 2 prescribed for filing the appeal has not expired, I find no grounds to entertain the writ petition. I accordingly decline jurisdiction and dismiss the writ petition without prejudice to the right of the petitioner to challenge Ext.P10 in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps WPC No.598/2011 3 WPC No.598/2011 4