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High Court of KeralaWP(C)/37480/2015disposed of

K. Baiju v. Deputy Chief Engineer

2015-12-10Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 WP(C).No. 37480 of 2015 (H) --------------------------------------- PETITIONER(S):

---------------------- K. BAIJU, AGED 47 YEARS, S/O.KARUNAKARAN, HOTEL AMBALAKARA, KP IV/1388, 1389,1390, PULAMON, KOTTARAKARA, KOLLAM-691531.

BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY RESPONDENT(S):

------------------------- 1.

DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, KOLLAM-61531. 2.

EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, KOTTARAKARA-691531.

3.

ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION, KOTTARAKARA-691531.

4.

ASSISTANT ENGINEER, ELECTRIC SECTION, KSEB, KOTTARAKARA (EAST)-691531. 5.

SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, PATTOM, TRIVANDRUM-695001.

BY SRI.JAICE JACOB, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 37480 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF THE NOTICE DATED 8/12/15 P2 TRUE COPY OF THE NOTICE AND RECEIPT DATED 8/9/15 OF THE R5 P3 TRUE COPY OF THE RECEIPT AND NOTICE OF R5 P4 TRUE COPY OF THE RECEIPT DATED 21/11/15 P5 TRUE COPY OF THE REPRESENTATION BEFORE THE R1. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 37480 of 2015 ===================================================== Dated this the 10th day of December, 2015

JUDGMENT

The petitioner, who has been served with Ext.P1 bill for arrears of electricity charges for the months of May, September and November, 2015, seeks only an installment facility for discharging the liability due to the respondent Board. 2.

I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions:

(i) The total amount demanded from the petitioner by way of electricity charges for the months of May, September and November, 2015 is Rs.5,34,249/-. Accordingly, if the petitioner pays the said amount of Rs.5,34,249/- together with accrued interest in five equal and successive monthly installments, commencing from 28.12.2015, then further proceedings for recovery shall be kept in abeyance.

-2W.P.(C). No. 37480 of 2015 (ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent Board will be free to continue the recovery proceedings against him from the stage at which they presently stand.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /10.12.15