IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 1712 of 2008(D) ------------------------- PETITIONER: ------------ SRI.V.K.MUHAMMED, S/O.M.KHADER, AGED 57 YEARS, V.K.AGENCIES, THAVAKKARA, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. 2. THE CHIEF ACCOUNTS OFFICER (TR), BSNL, KANNUR. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R2 GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.1712 of 2008 ================== Dated this the 23rd day of June, 2008 J U D G M E N T The petitioner filed this writ petition taking a contention that the demand for telephone charges raised by the 2nd respondent in respect of the telephone used by him is barred by limitation. However, in view of the counter affidavit now filed by the 2nd respondent, I am satisfied that the demand is not hit by limitation. Therefore, the petitioner has become liable to pay the same. In the above circumstances, the petitioner seeks a direction to the 2nd respondent to permit the petitioner to pay off the amount in instalments. 2. This is opposed by the counsel for the 2nd respondent. However, taking a lenient view, I dispose of this writ petition with the following directions: The petitioner shall pay 50% of the amount demanded within two weeks. The balance amount shall be paid in four equal instalments payable on 15.7.2008, 1.8.2008, 15.8.2008 and 1.9.2008. If the petitioner pays the instalments as directed w.p.c.1712/08 2 above, the respondents shall keep coercive recovery proceedings in abeyance. However, if the petitioner does not pay the amounts as directed above, it would be open to the respondents to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge