IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8555 of 2010(T) ------------------------- PETITIONER: --------------- CHACKO.K.V, KAKKANATTU HOUSE, ALACODE, KALAYANTHANI P.O., THODUPUZHA. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY. VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, THODUPUZHA. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION NO.2, K.S.E.B., THODUPUZHA. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) NO. 8555 OF 2010 ......................................................................... Dated this the 16th March, 2010 J U D G M E N T Being aggrieved of the steps taken by the respondent Board regarding the malpractices stated as detected with regard to consumption of electrical energy and the steps taken to realise the due amount, the petitioner has already approached the statutory/appellate authority by filing Ext. P6 appeal, which is stated as pending consideration before the second respondent. The petitioner has approached this Court by filing this Writ Petition stating that the appeal cannot be an effective remedy, in so far as the petitioner will have to satisfy 50% of the amount under assessment in order to have the appeal entertained on merits. 2. The learned Standing Counsel for the respondent Board submits, with reference to the contents of Ext. P1 mahazar, that the course pursued by the petitioner to divert electrical energy cannot but be deprecated.This Court does not propose to go into the merits of the case. Since the petitioner has already sought to avail the statutory remedy as borne by Ext. P6, the second W.P.(C) NO. 8555 OF 2010 2 respondent is directed to consider and pass appropriate orders thereon, in accordance with law, on condition that the petitioner satisfies all the statutory requirements, including the deposit as provided under Section 127(2) of the Electricity Act, so as to have the appeal entertained on merits, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of the judgment . 3. Taking note of the fact that the time provided to satisfy the deposit of 50% of the amount under assessment for entertaining the appeal is already over, the petitioner is permitted to satisfy the said requirement and cure all the defects within a further period of two weeks. On satisfying the requirements, as above, Ext.P6 shall be treated as valid and proper and it shall be finalised as mentioned above. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk