IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15449 of 2008(L)
1. RANGASWAMY.P., S/O.PALANIAPPA,
... Petitioner
Vs
1. THE CHIEF ENGIEER,
... Respondent
2. THE ASSISTANT ENGINEER,
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :26/05/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 15449 OF 2008
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Dated this the 26th May, 2008
JUDGMENT
Petitioner has filed this Writ Petition challenging Exts.P2
and P4. Other reliefs also have been sought for. Petitioner has
preferred an Appeal against Exts.P2 and P4 under Section 127
of the Electricity Act, 2003.
2. Petitioner is having an agricultural connection. But the
Anti Power Theft Squad conducted a site inspection and it is
alleged that the petitioner is misusing energy for washing sand
and it is also found that he is not carrying on agricultural
operations.
3. Petitioner has any way preferred Ext.P5 Appeal before
the Deputy Chief Engineer, Electrical Circle, Palakkad. The
Deputy Chief Engineer, Electrical Circle, Palakkad is suo motu
impleaded as additional third respondent and the learned
standing counsel takes notice on his behalf. I feel that the only
relief to which the petitioner is entitled, is a direction to take up
WPC. 15449/08 L 2
and dispose of the Appeal within a time limit on the petitioner
depositing fifty per cent of the amount demanded under Ext.P2.
Accordingly, the Writ Petition is disposed of as follows:
If the petitioner deposits fifty per cent of the amount due as
per Ext.P2, the additional third respondent will take up Ext.P5
Appeal and, after affording an opportunity of hearing to the
petitioner, dispose of Ext.P5 in accordance with law within a
period of one month from the date of deposit of the amount as
aforesaid.
K. M. JOSEPH, JUDGE
kbk.