High Court of KeralaWP(C)/18744/2005disposed of

Dr.N.N.Asokan v. The Chief Electrical Inspector

2015-07-21Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 18744 of 2005 (F) ---------------------------- PETITIONER(S):

----------------- DR.N.N.ASOKAN, MANAGING PARTNER, MUVATTUPUZHA MEDICAL CENTRE, MUVATTUPUZHA, KERALA. (died) ADDITIONAL PETITIONER:

DR.SAJESH ASOKAN, AGED 44 YEARS S/O.LATE DR.N.N.ASOKAN, HOUSE NO.181 NEDUNGAYIL HOUSE, KAVUMPADI ROAD MUVATTUPUZHA - 686 661 ERNAKULAM DISTRICT (IMPLEADED AS LEGAL HEIR OF THE DECEASED PETITIONER AS PER ORDER DATED 11/3/2014 IN I.A.NO.17083/2013) BY ADV. SRI.N.RAGHURAJ RESPONDENT(S):

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1. THE CHIEF ELECTRICAL INSPECTOR, ELECTRICAL INSPECTORATE, THIRUVANANTHAPURAM.

2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION-II KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA.

3. THE DEPUTY CHIEF ENGINEER, THE KERALA STATE ELECTRICITY BOARD THIRUVANANTHAPURAM.

4. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM.

R,R BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B.

R BY SRI.JOSE J.MATHEIKEL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) NO.18744/2005 PETITIONER'S EXTS:

EXT.P1 PHOTO COPY OF THE APPEAL DATED 9.7.2001 BY THE PETITIONER. EXT.P2 PHOTO COPY OF THE JUDGMENT DATED 5.10.2001 IN OP.NO.29905/2001 EXT.P3 PHOTO COPY OF THE JUDGMENT IN O.P.NO.83701 OF 2001 DATED 7.11.2001 EXT.P4 PHOTO COPY OF THE ORDER BEARING NO.B1.31169-A/2001/CEI DATED 30.4.2005 EXT.P5 PHOTO COPY OF THE ORDER BEARING NO.BN/NO.11MPZ/05-06/2 DATED 4.6.2005.

RESPONDENT'S EXTS:

EXT.R2(a) TRUE COPY OF THE JUDGMENT DATED 12.12.2011 IN OP.NO. 16494 OF 2001 OF THIS HON'BLE COURT.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.18744 of 2005 --------------------- Dated this the 21st day of July, 2015

J U D G M E N T

Ext.P1 appeal dated 9.7.2001 was disposed of by Ext.P4 order dated 30.4.2005. It took almost 4 years for the statutory appeal to be disposed of. Should the petitioner pay penal interest for this period for no fault of his? This is the question posed in this writ petition by Mr.N.Reghuraj, Advocate.

2. The petitioner has altogether remitted three instalments of ` 2,75,000/- each. The total amount demanded comes to about ` 12,77,155.50 with interest. This is eminently a fit case where some leniency should be shown to the petitioner. This is because the respondents have charged penal interest at the rate of 24% in addition to the regular rate of interest.

3. I permit the petitioner to submit a representation to the second respondent in this regard. The benefit of one time settlement scheme shall be called in aid by the petitioner. Any representation filed within one month from today shall be dealt with within two months therefrom. The recovery of the

WP(C) No.18744/2005 balance amount shall await the outcome of the representation so filed. The question of waiver of penal interest during the pendency of the appeal shall be adverted to in particular.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.