IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 38370 of 2010(U) -------------------------- PETITIONER(S): --------------- J.FRANCIS, SREE MANDIR, NEAR HEALTH CENTRE, PANGAPPARA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 695 004. 2. THE CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 695 004. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, KAZHAKOTTAM, THIRUVANANTHAPURAM. 695 582. 4. THE ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KAZHAKOTTAM - 695 582. 5. THE SUPERINTENDENT, OFFICE OF THE ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KAZHAKOTTAM - 695 582. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.38370 of 2010 ------------------------------- Dated this the 12th day of January, 2011 J U D G M E N T The petitioner is a consumer of electrical energy. The meter installed in the petitioner's premises was inspected by the Anti Power Theft Squad of the Kerala State Electricity Board on 18.8.2010. Thereafter, a provisional assessment of the energy charges payable by him for the energy misused by him was made. After the objection filed by the petitioner was considered, Ext.P1 order was passed by the fourth respondent holding the petitioner liable to pay the sum of Rs.20,649/- as energy charges. Later Ext.P1 order was corrected and the demand was fixed as Rs.17,884/- and on the petitioner's application, he was also granted an opportunity to pay the amount in five equal instalments of Rs.3569/- , as evidenced by Ext.P3. It is submitted that after the petitioner had paid two out of the five instalments, Ext.P4 letter was issued withdrawing the said facility. Thereupon, he filed Ext.P5 representation before the Chief Engineer of the Kerala State Electricity Board for restoration of instalment facility. Ext.P4 is under challenge in this writ petition wherein the petitioner seeks a direction to the respondents to permit him to continue to remit the amount demanded in Ext.P2 in instalments. 2. This writ petition was filed on 21.12.2010. By then, W.P.(C) No.38370 of 2010 2 the petitioner had also paid the third instalment. The petitioner is now liable to pay only two instalments of Rs.3569/- and the surcharge in terms of Ext.P3 order. As per Ext.P3, the petitioner should pay the remaining instalments on 14.1.2011 and 14.2.2011 respectively. In view of the fact that the petitioner has paid a substantial amount of the money payable under Ext.P1 as modified by Ext.P2, I am of the opinion that the petitioner should be permitted to pay the balance amount also in instalments. I accordingly dispose of the writ petition with a direction to the respondents to permit the petitioner to remit the balance amount due as per Ext.P2 order in instalments as per Ext.P3 letter. P.N. RAVINDRAN, JUDGE. nj.