Kerala High Court
P.N. Ajayan vs Assistant Executive Engineer on 24 March, 2023
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WA NO. 574 OF 2023
AGAINST THE ORDER/JUDGMENT IN WP(C) 26357/2015 OF HIGH
COURT OF KERALA
APPELLANT/PETITIONER:
P.N. AJAYAN, AGED 57 YEARS
SON OF P.N. NARAYANAN,
PARAKKAT HOUSE KALADY P.O.,
ERNAKULAM DISTRICT, PIN - 683542
BY ADVS.
ISAC T.PAUL
JOHN NELLIMALA SARAI
RESPONDENTS:
1 ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LTD.
KALADY, PIN - 68374
2 EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LTD.
KALADY, PIN - 683574
3 ASSISTANT ENGINEER
ELECTRICAL SECTION
KERALA STATE ELECTRICITY BOARD LTD.
KALADY, PIN - 683574
4 KERALA STATE ELECTRICITY BOARD LTD.
VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
BY SHRI.B.PREMOD, SC, KERALA STATE ELECTRICITY
BOARD
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA No.574 of 2023
:2:
A.K. JAYASANKARAN NAMBIAR
&
MOHAMMED NIAS C.P., JJ
......................................................
WA No.574 of 2023
.................................................................
Dated this the 24th day of March, 2023
JUDGMENT
Mohammed Nias.C.P.J The writ appeal is filed against the judgment of the learned single in WP(C)No.26357 of 2015, that dismissed the writ petition preferred by the appellant. The appellant had challenged the demand raised by the Electricity Board on the ground that it was made beyond the period of limitation. The learned Single judge relying on the judgment in Jaisy Chacko v. Kerala State Electricity Board, Thiruvananthapuram [ 2021 (3) KHC 19] and referring to the provisions of Section 56 of the Electricity Act, 2003, found the demand to be justified, and dismissed the writ petition.
2. In the writ appeal, although various grounds are raised against the judgment, the learned counsel for the appellant ultimately seeks only some time to pay the amount of Rs.1,85,835/- in monthly instalments.
3. We find the request of the learned counsel to be reasonable WA No.574 of 2023 :3: and we permit the appellant to pay off the abovesaid amount in ten equal successive monthly inatalments commencing from 17.4.2023. It is made clear that if the appellant occasions a single default, he will lose the benefit of this judgment and the entire amount will then became payable to the respondent with immediate effect.
Writ appeal is disposed of as above.
Sd/- A.K. JAYASANKARAN NAMBIAR,
JUDGE
Sd/- MOHAMMED NIAS C.P.
JUDGE
dlk/24.3.2023