IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 3369 of 2008(A) ------------------------------------- PETITIONER: ------------------- BABY THOMAS, PROPRIETOR, M/S.E.E.S. INDUSTRIES, PUNNAKKAD (PO), KOZHENCHERY, RESIDING AT KANJIRAMNILKKUNNATHIL, THEKKEMALA (PO), PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS: ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KOZHENCHERY, PATHANAMTHITTA. 3. ASST. EXECUTIVE ENGINEER, ELECTRICAL SECTION, KOZHENCHERRY. 4. THE TAHSILDAR (REVENUE RECOVERY), PATHANAMTHITTA. R1 TO R3 BY ADV. SRI.P.P.THAJUDEEN R4 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.3369 of 2008 ================================== Dated this the 14th day of February, 2008. JUDGMENT Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. 2. If the petitioner clears all arrears and gets a fresh connection, the question of arrear on account of minimum guarantee agreement would have to be reconsidered because, the period for payment of the minimum guarantee amounts is till 2001 and if the petitioner remits the entire minimum guarantee amounts, which are outstanding as on the date of fresh connection, recovery of minimum guarantee amounts for the future period will have to stand modified by permitting the petitioner to pay it in terms of the minimum guarantee agreement, provided necessary renewals are also made by the WPC3369/2008 -:2:- petitioner regarding the minimum guarantee agreement. The parties are directed to abide by the aforesaid in relation to the request of the petitioner for fresh connection. Needless to say, all statutory formalities will have to be complied with. Exts.P5 and P6 revenue recovery proceedings will stand suspended until such a decision is taken, provided the petitioner pays off the entire existing arrear of minimum guarantee amounts within a period of three weeks. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl.