IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10356 of 2008(G) -------------------------- PETITIONER: ------------ THE SECRETARY, EDAKKARA GRAMA PANCHAYATH EDAKKARA, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: ------------- 1. THE ASSISTANT ENGINEER ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD CHUNGATHARA, NILAMBUR, MALAPPURAM DIST. 2. THE DEPUTY TAHSILDAR (RR) NILAMBUR TALUK OFFICE, NILAMBUR MALAPPURAM DIST. 3. THE SECRETARY POTHUKALLU GRAMA PANCHAYATH, POTHUKALLU MALAPPURAM DIST. R1 BY STANDING COUNSEL SRI P.P. THAJUDEEN R2 BY SR GOVT PLEADER SMT ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------- W.P.C. No 10356 of 2008 - G ------------------------------------------------------------------ Dated this the 28th March 2008 JUDGMENT Heard learned counsel for the petitioner, Standing Counsel for the Electricity Board and the Senior Government Pleader for second respondent. Notice to the third respondent is dispensed with having regard to the nature of the direction to be issued in this case preserving its right to move for review of the judgment, if aggrieved. 2. The dispute in this writ petition is essentially between the petitioner and the third respondent, two Panchyats, regarding the liability to satisfy the dues payable to the Kerala State Electricity Board. In terms of Section 282 of the Kerala Panchayat Raj Act, 1994 an officer authorised by the State Government is to determine the dispute between the two Panchayats. Under such circumstances the officer authorised by the Government will entertain the dispute between the petitioner and third respondent regarding disbursement of the amount to the Electricity Board. Officer of the first respondent Board may also be given an opportunity of hearing by the authorised officer. Final decision shall be taken after issuing notice of hearing to the third respondent also. Petitioner is also entitled to be heard. It is directed that the authorised officer WPC 10356/08 2 will dispose of the issue within an outer limit of four months from the date of receipt of a copy of this judgment and copy of the writ petition. Since Electricity Board stands on its demand and revenue recovery steps have reached the doors of the petitioner until a decision is taken as aforesaid, revenue recovery proceedings against the petitioner will stand deferred. Writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge 28/03/2008 en [true copy]