IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34566 of 2008(M) ---------------------------------------------- PETITIONER(S): ---------------------- SAFIYA BEEVI, AGED 50 YEARS, W/O.PAREED, PROPRIETRIX, M/S.AGRO TECH INDUSTRIES & EXPORTERS, M.C.ROAD, RAYONPURAM.P.O, PERUMBAVOOR. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, PERUMBAVOOR. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 34566 OF 2008 M -------------------------------------- Dated this the 26th November, 2008 JUDGMENT The prayer sought in the Writ Petition is to issue a writ of mandamus directing or compelling the second respondent to extend the time granted to pay the amount in instalments as per Ext.P2 for a further period of six months from the date of the order. Petitioner fell in arrears towards the Electricity Department. She approached the Writ Court which granted instalment facility. Then she approached the Government. On the basis of the recommendation of the Government, Ext.P1 order was passed permitting payment in twentyfour instalments. According to the petitioner, she has paid the amount till 26.10.2008. It is stated that due to unforeseen circumstances regarding price fluctuation, the mill had to be closed down and the mill is not functioning. Learned standing counsel for the respondent Electricity Board submits that the petitioner had approached this Court earlier and in the Writ Petition, obtained WPC. 34566/08 M 2 an order for permitting her to pay the amount in three instalments. It is pointed out that the said fact is not even mentioned in the Writ Petition. He has also submitted that the petitioner was given twentyfour instalments by the Government. 2. Having regard to the facts and having regard to the nature of the relief sought, it may not be open to this Court to direct or compel the second respondent to extend the time granted as prayed for. The Writ Petition is dismissed. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge