IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26281 of 2009(E) -------------------------- PETITIONER(S): --------------- BABY MATHEW, S/O.LATE MATHEW, AGED 52 YEARS, THAMARASSERIL HOUSE, KALLOORKADU P.O., MUVATTUPUZHA (VIA), ERNAKULAM, PROPRIETOR OF M/S.NORMAN CRUMBS. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL DIVISION, MUVATTUPUZHA. 3. THE ASSISTANT ENGINEER, K.S.E.B., ELECTRICAL SECTION, KALLOORKKADU P.O., KALLOORKKADU. 4. THE TAHSILDAR (R.R.) TALUK OFFICE, MUVATTUPUZHA. 5. THE VILLAGE OFFICER, VILLAGE OFFICE, KALLOORKKADU P.O., KALLOORKKADU. G.P. SHRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.26281 of 2009 ================== Dated this the 17th day of September, 2009 J U D G M E N T The petitioner is a handicapped youth, who has embarked on a business venture. He has an electricity connection for his establishment. He wants to start a new unit, in respect of which, an electricity connection was sanctioned as per a Minimum Guarantee Agreement. As per that agreement, the petitioner is liable to pay unconnected minimum charge of Rs.3801/- per month from October, 2005. If the petitioner commits default, he is liable to pay the entire unconnected minimum upto 2010 in lump sum. The petitioner committed default in payment of the unconnected minimum. Therefore, the Electricity Board initiated coercive recovery proceedings for recovery of the entire amount upto 2010, which ended in Ext.P3 sale notice for sale of his properties. The petitioner submits that the present arrear is only Rs.43,471/- and he is prepared to pay the same within two weeks and he may be permitted to pay the monthly instalments of unconnected minimum charges every month as per the agreement on such payment of the arrears. 2. I have heard the learned standing counsel appearing for the Electricity Board also. 3. I am inclined to take a lenient view in view of the fact that 2 a handicapped youth has found a self employment and has succeeded in it. He, therefore, should be given some time to pay off the arrears to regularise the monthly payment of minimum guarantee amounts. Accordingly, this writ petition is disposed of with the following directions: Arrears due in respect of the unconnected minimum charges as per the agreement upto date shall be cleared by the petitioner within two weeks from today. The petitioner shall continue to pay the monthly unconnected minimum of Rs.3801/- every month, as per the agreement without any further default. If any further charges accrue in respect of the connection, the petitioner shall pay that also without default. If the petitioner complies with the above directions, the respondents shall regularise the payments as per agreement and allow the petitioner to continue using electricity in accordance with the agreement, and in such event, Ext.P3 shall be kept in abeyance. However, if the petitioner commits default in complying with any of the above directions, it would be open to the respondents to continue proceedings in accordance with Ext.P3. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3