IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7515 of 2008(T) ------------------------- PETITIONERS: --------------- 1. DR.P.S.GEORGE, DOCTORS TOWER CHANGANACHERRY, REPRESENTED BY POWER OF ATTORNEY HOLDER SIBICHAN KURIAN KALLUPURACKAL, ANANDASRAMAM, VAZHAPPALLY EAST CHANGANACHERRY. 2. DR.LEELAMMA GEORGE, DOCTORS TOWER CHANGANACHERRY, REPRESENTED BY POWER OF ATTORNEY HOLDER SIBICHAN KURIAN KALLUPURACKAL, ANANDASRAMAM, VAZHAPPALLY EAST CHANGANACHERRY. BY ADV. SRI.G.SUKUMARA MENON RESPONDENTS: ---------------- 1. ASSISTANT ENGINEER ELECTRICAL MAJOR SECTION, CHANGANACHERY. 2. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION, CHANGANACHERY. 3. DEPUTY CHIEF ENGINEER/APPELATE AUTHORITY KERALA STATE ELECTRICITY BOARD, PALLOM. BY SRI.P.P.THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 7515 OF 2008 ----------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Ext.P1 is an appeal under Section 127 of the Electricity Act. The Petitioners are owners of a building in relation to which action has been taken under Section 126 of the Act. The case of the Board is that there was abuse of connection given for the purpose of hospital and the premises is actually used as a lodge. The controversy of the petitioners that such activity is not being carried on in the entire building, may arise for decision in relation to Ext.P1 appeal. It is stated that 50% of the penalty amount has been deposited. Therefore, it is directed that Ext.P1 appeal will be considered and disposed of within an outer limit of four months from the date of receipt of a copy of this judgment. Pending that, the petitioners will deposit the amounts claimed by way of monthly bills under pretest and provisionally, to be regularised in terms of the decision that may be rendered on Ext.P1 appeal. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 6246 OF 2008 2 WPC No. 6246 OF 2008 3