High Court Kerala High Court

C.P.John vs Kerala State Electricity Board on 4 January, 2010

Kerala High Court
C.P.John vs Kerala State Electricity Board on 4 January, 2010
       

  

  

 
 
  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.
             ..............................................................................
                        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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