IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 24076 of 2008(N) -------------------------- PETITIONER: ------------ SIYAD KHAN, S/O.LATE SALIM KHAN ANAS MANZIL, MUNDUKOTTACKAL PO, PATHANAMTHITTA DISTRICT BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 2. TAHSILDHAR (RR) PATHANAMTHITTA 3. ASSISTANT ENGINEER ELECTRICAL SECTION, PATHANAMTHITTA 4. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 24076 OF 2008 N ```````````````````````````````````````````````````` Dated this the 11th day of August, 2008 J U D G M E N T Petitioner was provided with power connection on the basis of the minimum guarantee agreement executed by him. There was a default in payment of electricity charges. The 1st respondent disconnected the power supply on 9.6.2005. According to the petitioner, he has submitted application for restoration of the connection. But, it was not restored. The petitioner's unit was closed in 2005. Now, the petitioner is called upon by Ext.P2 dated 12.5.2008 to pay a total sum of Rs.1,42,894/- which includes the minimum amount payable under the minimum guarantee period of 64 months working out a total of Rs.85,056/- with interest at the rate of 24% of Rs.57,838/-. Petitioner is now served with Ext.P3 notice under section 34 of the Kerala Revenue Recovery Act and Ext.P4 under section 7 of the R.R. Act. 2. I heard both sides. Learned counsel for the petitioner submits that the petitioner may be given time to pay the amount and to approach the Board with a request for reducing the interest WPC.24076/08 : 2 : portion. Learned standing counsel pointed out that as far as the interest portion is concerned, the rate of interest is one which is provided in the agreement. However, I feel that the petitioner can be given time to pay the amount. Accordingly, the petitioner is granted four months' time to pay the amount demanded in Exts.P2 and P3. Proceedings pursuant to Exts.P3 and P4 will be kept in abeyance for four months from today in order to enable the petitioner to pay the amount. Interest will accrue in accordance with law. Learned counsel for the petitioner submits that credit may be given to the amount paid under Ext.P1 series. The 3rd respondent will issue a statement to the petitioner, within three weeks from the date of receipt of a copy of this judgment, showing the actual amount due from the petitioner and in view of the claim that the petitioner has made some payments vide Ext.P1 series, the petitioner is given time as aforesaid to pay the said amount. Writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks