K.N. ABDUL GAFOOR Vs. SENIOR SUPERINTENDENT

JUDGEMENT

(1.) PENALTY was imposed against the petitioner alleging unauthorised additional connected load, detected during inspection. The petitioner objected the provisional demand. The second respondent considered the objections and issued Ext.P4 proceedings confirming the provisional demand. Aggrieved by Ext.P4 petitioner approached the appellate authority, the third respondent herein, in Ext.P5. Grievance of the petitioner is that the third respondent had refused to accept Ext.P5 appeal on the ground that the same was not filed within 30 days, as stipulated under Section 127 of the Electricity Act, 2003. At the same time supply to the premises of the petitioner was disconnected alleging default in payment of amounts finalised in Ext.P4 proceedings, on 16.10.2012.

(2.) CONTENTION of the petitioner is that Ext.P5 was submitted before the third respondent within the time limit stipulated in Section 127. It is stated that Ext.P4 was served on the petitioner on 14.9.2012. Under normal circumstances the appeal ought to have been filed on or before 14.10.2012. But 14.10.2012 happened to be a holiday. Going by provision contained in the Limitation Act the petitioner need to have filed the appeal only on the next working day, ie., on 15.10.2012. According to the petitioner the third respondent refused to accept the appeal petition on 15.10.2012. Under the above mentioned circumstances the petitioner is seeking direction to the third respondent to accept the appeal. He is inter alia is seeking direction of reconnection of the supply.

(3.) THEREFORE , the writ petition is disposed of directing the third respondent to accept Ext.P5 appeal if the same is presented within 3 days from today, after satisfying the prerequisite condition of deposit of 50%. In such case the third respondent shall consider the appeal and dispose of the same on merits, after affording opportunity of hearing to all concerned, at the earliest possible.