Kerala High Court
Kottayi Grama Panchayath vs The State Of Kerala on 4 April, 2011
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9816 of 2011(B)
1. KOTTAYI GRAMA PANCHAYATH,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE DEPUTY TAHSILDAR (RR),
4. THE VILLAGE OFFICER, VILLAGE OFFICE,
5. THE ASSISTANT ENGINEER,
6. THE SENIOR SUPERINTENDENT,
For Petitioner :SRI.K.S.RAJESH
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :04/04/2011
O R D E R
P.N.RAVINDRAN, J.
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W.P(C).No.9816 of 2011
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Dated this the 4th April, 2011
JUDGMENT
The petitioner, the Kottayi Grama Panchayat, has filed this writ petition challenging Exts.P1 and P2 demand notices issued under sections 7 and 34 of the Kerala Revenue Recovery Act, 1968 and Ext.P3 prohibitory order issued under section 19 thereof. It is evident from the pleadings and the materials on record that revenue recovery proceedings were initiated at the instance of the Kerala State Electricity Board when the petitioner Panchayat did not pay the energy charges. The petitioner does not dispute the liability to pay energy charges. All that is stated is that the consent of the Government is required for utilising Panchayat funds for payment of energy charges. It is for the consumer, the Panchayat in the instant case, to pay from time to time the energy charges. If consent of the Government is required, it is for the Panchayat to seek and obtain such consent. I therefore, find no merit in the challenge to Exts.P1 and P2. Further the learned Government Pleader appearing for the District Collector, Palakkad, submits on instructions that the prohibitory order Ext.P3, was withdrawn on 19.3.2011.
I therefore find no grounds to entertain this writ petition. The writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN, Judge.
ahg.
P.N.RAVINDRAN, J.
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W.P(C).No.9816 of 2011
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JUDGMENT 4th April, 2011