IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20556 of 2008(V)
1. HOTEL MARIYA,REPRESENTED BY ITS MANAGER
... Petitioner
Vs
1. THE ASST.ENGINEER, ELECTRICAL SECTION,
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :09/07/2008
O R D E R
K.M.JOSEPH, J.
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WP.(C) No.20556 of 2008
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Dated this the 9th day of July, 2008
JUDGMENT
Petitioner challenges Exts.P3, P4 and P4(a). It seeks a
declaration that the petitioner is liable to be charged on the basis of the
energy consumed and also liable to pay fixed charge at the rate equal to one
and a half time the tariff.
2. Heard counsel for the respondent also. It is pointed out by
the learned counsel for the respondent that Ext.P3 is the final order passed
after hearing the petitioner under Section 126 of the Electricity Act and the
petitioner has remedy by way of appeal under Section 127 of the Act.
3. In the facts of this case, I feel that the petitioner has not
made out a ground for interference under Article 226 of the Constitution.
Therefore, I relegate the petitioner to pursue the remedy available under
Section 127 of the Act. In order to facilitate the appeal being filed,
disconnection will not be done pursuant to the impugned orders till
20.7.2008.
The writ petition is disposed of as above.
(K.M. JOSEPH, JUDGE)
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