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2014 Supreme(Ker) 378

ANTONY DOMINIC, DAMA SESHADRI NAIDU
K. Muhammed Haji, Managing Partner, Malabar Plaza – Appellant
Versus
Assistant Engineer, Electrical Section, Kerala State Electricity Board – Respondent


Advocates Appeared:
For the Petitioner:M. Ramesh Chander, Advocate.
For the Respondents: R1 to R4, P.K. Radhika, SC, KSEB.

JUDGMENT : -

Antony Dominic, J.

1. In these batch of wit petitions, the issue that is raised is the validity of the appointment of the appellate authority, made under Section 127 of the Electricity Act, 2003 read with Appeal to the Appellate Authority Rules, 2004. Section 127 of the Electricity Act, provides for Appeal to the Appellate Authority.

This section reads thus:

"127. Appeal to appellate authority-

(1) Any person aggrieved by a final order made under Section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission, to an appellate authority as may be prescribed.

(2) No appeal against an order of assessment under sub-section (1) shall be entertained unless an amount equal to half of the assessed amount is deposited in cash or by way of bank draft with the lincesee and documentary evidence of such deposit has been enclosed along with the appeal.

(3) The appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant.

(4) Th



























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