The petitioner has approached this Court with the following prayers:
“a. to issue a writ of certiorari or any other appropriate writ, order or direction, to quash Ext.P3 Order of 1st respondent.
b. to issue a writ or order permitting the Petitioner to file Appeal under Section 127 of the Electricity Act, 2003 without depositing half of the amount of the Penal Bill.
c. to issue appropriate writ order or direction to stay Ext.P4 penal Bill pending disposal of the Writ Petition.
and
d. to issue any other appropriate writ order or direction as prayed for or deemed just and proper in the circumstances of the case.”
2. Obviously, the dispute is with regard to Ext.P3 Order passed by the 1st respondent under Section 127 of the Indian Electricity Act, 2003. The petitioner is having an effective W.P.(C) No. 33938/2014 -2-
remedy by way of appeal before the competent authority as provided under section 127 of the Act. The petitioner, however, seeks to issue a direction to permit the petitioner to pursue the appeal without effecting the pre-deposit.
3. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the Board.
4. No enabling provision to grant the relief to the petitioner, particularly with reference to relief no.'b', is brought to the notice of the Court.
5. In the said circumstance, interference is declined and the Writ Petition is dismissed; however without prejudice to the rights and liberties of the petitioner to pursue the statutory remedy in accordance with the relevant provisions of law.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE jjj