IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 22502 of 2008(D) -------------------------- PETITIONER: ------------ AMBIKA.A.K., D/O.KUNJIKURUMBAN,ATTAZHAOPURATH HOUSE NEAR KALLUPALAM, ALANGAD, ALUVA. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENTS: ------------- 1. BSNL, VYDHUDI BHAVAN, ERNAKULAM. 2. EXECUTIVE ENGINEER, BSNL, TELEPHONE EXCHANGE ERNAKULAM. 3. DEPUTY TAHSILDAR(RR), NORTH PARAVUR. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 22502 OF 2008 D = = = = = = = = = = = = = = = = = Dated this the 27th day of August 2008 J U D G M E N T The challenge in this writ petition is against Ext. P1, the revenue recovery notice issued at the instance of the 1st respondent for realising Rs.17,254/- and other charges towards the telephone charges incurred by the petitioner. 2. Pursuant to the order passed by this Court on 25.7.2008, copy of the bills have already been made available along with the demand notice. In view of this the liability under the bills cannot be challenged. Now that the liability stands accepted, the petitioner cannot also avoid payment. If that be so, in view of the default in payment the respondents cannot be faulted for initiating recovery proceedings. 3. In the circumstances, the maximum that the petitioner can get from this Court is an instalment facility and accordingly the writ petition is disposed of directing the petitioner to pay the dues in W.P.(C) No. 22502 OF 2008 -2- terms of Ext. P1 in 5 equal monthly instalments, the first of which will be payable on or before 15.9.2008 and the subsequent instalments will be payable before the 15th of every succeeding month. Subject to payment as above, further proceedings pursuant to Ext. P1 shall be kept in abeyance and in case default is committed in paying any one of the instalments, the respondents will be free to continue the proceedings without further notice. ANTONY DOMINIC JUDGE jan/-