IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WA.No. 1879 of 2006() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.14666/2006 .................... APPELLANT(S): PETITIONER: ------------------------- ABDUL RAHIMAN, S/O. HAMSA HAJI, CHEERATHADAYAN HOUSE, PALLISSERY, MANNARKAD, PALAKKAD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): RESPONDENTS: --------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR (R.R), MANNARKKAD. 3. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, MANNARKKAD, PALAKKAD. R2 BY G.P. SRI. P.K. BABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W. A. No. 1879 OF 2009 -------------------------------------------- Dated this the 7th day of October, 2009 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against the judgment of the learned single Judge dismissing the WPC filed by the appellant challenging recovery proceedings for recovery of arrears of electricity dues. We have heard counsel for the appellant and Government Pleader for the respondents. We find no merit in the Writ Appeal because arrears of electricitydues are payable for the period for which the industrial unit was held by the appellant, though he later sold the land after dismantling the unit. It is seen that connection is restored after default at the appellant's own request and even thereafter he continued default. Therefore arrears of electricity dues are recoverable from the appellant and the learned single Judge rightly held so. However, since counsel for the appellant submitted that the appellant has made part payment, it is for the appellant to produce receipt for the same before the Tahsildar who will give credit for the same and demand only the balance amount. If no 2 proof of payment is produced, then arrears shown in the recovery notice will be recovered with interest. W.A. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3