Kerala High Court
Babu P.K vs Executive Engineer on 12 June, 2012
Author: B.P.Ray
Bench: B.P.Ray
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
TUESDAY, THE 12TH DAY OF JUNE 2012/22ND JYAISHTA 1934
WP(C).No. 6053 of 2012 (F)
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PETITIONER:
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BABU P.K.,
S/O.SARAMMA,PADIKKAMALIL VEEDU, RATTAKKUNNU,
KUMBALERI P.O, KRISHNAGIRI, SULTAN BATHERY.
BY ADVS.SRI.N.NAGARESH,
SRI.SHAJI THOMAS,
SRI.BINU PAUL,
SRI.T.V.VINU.
RESPONDENTS:
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1. EXECUTIVE ENGINEER,
ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD,
KALPETTA- 673 121.
2. ASSISTANT ENGINEER,
ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD,
MEENANGADI, WAYANAD DISTRICT 673 591.
3. DEPUTY TAHSILDAR (RR),
AMBALAVAYAL, WAYANAD DISTRICT - 673 593.
4. ELIAMMA,
D/O.VARKEY, KARUVAN THEKKETHIL, RATTAKKUNNU,
KUMBALERI P.O, KRIHNAGIRI, SULTAN BATHERY. 673 591.
R1 & R2 BY ADV. SRI.JAICE JACOB,S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-06-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).NO.6053/2012-F:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: COPY OF THE SALE DEED NO.5578/1999 DTD. 30/12/1999.
EXT.P.2: COPY OF THE DEMAND NOTICE NO.C3/17629/09 DTD. 09/09/2009 ISSUED
BY THE R.3.
EXT.P.3: COPY OF THE LETTER DTD. 23/10/2009 OF THE R.2.
EXT.P.4: COPY OF THE CERTIFICATE NO.304/09/ISC. DT.D 02/11/2009 OF THE
VILLAGE OFFICER, KRISHNAGIRI.
EXT.P.5: COPY OF THE NOTICE DTD. 14/03/2011 OF THE R.2.
EXT.P.6: COPY OF THE PETITION DTD. 15/11/2011 SUBMITTED TO THE CHIEF
MINISTER.
EXT.P.7: COPY OF THE LETTER NO.T25 A/EDK/COMPLAINT/2011-12/254
DTD. 22/11/2011 OF THE R.1.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
B.P. RAY, J.
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W.P.(C) No. 6053 of 2012
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Dated this the 12th day of June, 2012.
JUDGMENT
Heard the learned counsel for the petitioner and the learned Standing Counsel for KSEB.
2. The petitioner has filed this writ petition with the following prayers:
1. Issue a writ of certiorari or any other writ, direction or order and quash Exts.P2 and P7.
2. Declare that respondents 1 to 3 are not entitled to recover energy dues incurred by the 4th respondent from the petitioner.
3.Issue a writ of mandamus or any other writ, direction or order commanding respondents 1 and 2 to repay the petitioner the amount illegally recovered from him for energy dues from the 4th respondent.
3. The 2nd respondent by Ext.P5 notice dated 14.03.2011 directed the petitioner to pay Rs.34,258/- within 7 days from the date of receipt of the notice. In pursuance to the said notice, the petitioner has paid Rs.8,143/- and collection charges of Rs.407/- on 30.10.2010 and 21.01.2011 respectively.
4. The learned counsel for the petitioner submits that the petitioner is not in a position to pay the balance amount due to W.P.(C) No. 6053/2012 -:Page numbers:-
financial stringency and that he may be permitted to pay the amount in instalments.
5. In that view of the matter, I permit the petitioner to pay the balance amount along with accrued interest in four equal monthly instalments beginning from 02.07.2012, failing which coercive steps shall be taken by the Board to realise the amount.
This writ petition is disposed of as above.
sd/- B.P. RAY, JUDGE.
rv W.P.(C) No. 6053/2012 -:Page numbers:-