IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24698 of 2009(F)
1. ABDUL KAREEM
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD
... Respondent
For Petitioner :SRI.O.P.NANDAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/08/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.24698 of 2009
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Dated, this the 27th day of August, 2009
J U D G M E N T
Based on an audit query, the petitioner was issued Ext.P1 bill
demanding an amount of Rs.80,972/-. On its receipt, though, the
petitioner filed Ext.2 objection, the objection was over ruled by
Ext.P3 order passed by the Assessing Officer. Aggrieved by it, the
petitioner filed Ext.P4 appeal to the 3rd respondent, along with an
application for waiver of the pre-deposit of 50% of the amount due.
In this writ petition, what is sought for is a direction to the 3rd
respondent to dispose of the appeal, and not to take any coercive
action in the meanwhile.
2. Admittedly, the petitioner has not complied with the
condition prescribed under Section 127(2) of the Electricity Act,
2003 requiring remittance of 50% of the amount due to entertain
the appeal. If that be so, I cannot find fault with the respondents in
not considering the appeal. Therefore, the direction sought to
dispose of the appeal filed cannot be granted.
WP(C) No.24698/2009
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3. Be that as it may, now that the petitioner has availed of
the appellate remedy, this writ petition is disposed of with the
following directions:-
That if the petitioner remits the amount as required in Section 127
(2) of the Electricity Act, 2003 along with the appeal fee, if not
already been remitted, to entertain the appeal, within one week
from today, Ext.P4 appeal shall be entertained and considered on
merits. Subject to the aforesaid conditions, coercive action
pursuant to Ext.P1 will be deferred in the meanwhile.
4. The petitioner shall produce a copy of this judgment,
along with a copy of this writ petition before respondents 1 & 3 for
compliance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg