IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37854 of 2009(B)
1. C.P.JOHN, AGED 47,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE ASSISTANT ENGINEER,
3. THE EXECUTIVE ENGINEER,
4. THE DEPUTY CHIEF ENGINEER,
For Petitioner :SRI.JOSEPH GEORGE
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :04/01/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 37854 OF 2009
.........................................................................
Dated this the 4th January , 2010
J U D G M E N T
The petitioner is mainly challenging Ext. P6 order issued by
the second respondent, whereby the petitioner has been made
to remit a sum of Rs.4,17,224/- in respect of unauthorised
additional load availed by the petitioner. As borne by Ext.P6,
the right of appeal is also specifically stated in the proceedings
as stipulated under the relevant provisions of law, alerting the
consumer that he has to remit 50% of the arrear amount for
entertaining the appeal. The grievance of the petitioner as
projected by the learned Counsel appearing for him is that Ext.
P6 is not a speaking order; that there is absolutely no rationale in
fixing the liability as above and that the petitioner is constrained
to approach this Court as he is not in a position to avail the
statutory remedy by remitting 50% of the arrear amount.
2. The learned Standing Counsel appearing for the Board
submits that the prescription to deposit 50% of the arrear
amount for entertaining the appeal is by virtue of the statutory
provisions under Section 127 of the Electricity Act, 2003 and
W.P.(C) No. 37854 OF 2009
2
that the same cannot be watered down under any
circumstances. It is also pointed out by the learned Standing
Counsel that if the petitioner satisfies the said requirement
and files the appeal, the same will be duly considered by the
concerned authority.
3. In the above facts and circumstances, interference is
declined, however permitting the petitioner to avail the statutory
remedy as prescribed. If any such appeal is filed paying the
requisite amount as specified within two weeks from today, the
same shall be considered and appropriate orders shall be passed
by the 4th respondent/appellate authority in accordance with law,
after giving an opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within two months from
the date of receipt of a copy of the judgment.
The Writ Petition is disposed of as above.
P.R. RAMACHANDRA MENON,
JUDGE.
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