IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23564 of 2008(E)
1. THE SENIOR SUPERINTENDENT OF POST
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE CHIEF ENGINEER, ELECTRICITY BOARD,
3. ASSISTANT ENGINEER, ELECTRICAL SECTION,
4. DEPUTY CHIEF ENGINEER,
For Petitioner :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :06/08/2008
O R D E R
K.M.JOSEPH, J.
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WP.(C) No.23564 of 2008
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Dated this the 6th day of August, 2008
JUDGMENT
Petitioner challenges Ext.P1. Ext.P1 is a final order passed
under Section 126 of the Electricity Act after affording an opportunity of
hearing to the petitioner. Petitioner has a right of appeal under Section 127
of the Act. In the meantime, it is pointed out by the Assistant Solicitor
General appearing on behalf of the petitioner that the connection has been
disconnected.
2. Learned Standing Counsel submits that if the petitioner pays
50% of the amount demanded in Ext.P1 and also prefers appeal, the
connection will be restored upon the petitioner paying the amount.
In such circumstances, the writ petition is disposed of as
follows:
If the petitioner remits 50% of the amount demanded in Ext.P1,
the connection, which is disconnected, will be forthwith restored. This will
be on further condition that the petitioner will prosecute the matter in appeal
within the period of limitation.
(K.M. JOSEPH, JUDGE)
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