IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 25394 of 2009(T) -------------------------- PETITIONER(S): --------------- N.K.UMMERKUNHI, S/O.A.V.ABOOBACKER, N.K.HOUSE, NEAR JUMA MASJID, PO CHALAD, KANNUR-670014. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN SMT.LAKSHMI RAJAN RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KANNUR. 2. THE CONSUMER GRIEVANCE REDRESSAL FORUM (ELECTRICITY), KOZHIKODE. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.25394 of 2009 ================== Dated this the 8th day of September, 2009 J U D G M E N T The petitioner is aggrieved by the demand for arrears of electricity charges by the respondents. According to the petitioner, the same is not due from the petitioner. The petitioner filed Ext.P4 petition before the Consumer Grievance Redressal Forum, Calicut, challenging the demand for arrears. The petitioner's grievance is that the although the petitioner filed a petition for stay along with Ext.P4, the same has not been considered by the Forum. The petitioner apprehends coercive proceedings for recovery of the arrears in the meanwhile. The petitioner, therefore, seeks a direction to the 2nd respondent to consider and pass orders on Ext.P4 expeditiously and also to stay further proceedings for recovery of the amounts in the meanwhile. 2. The learned standing counsel for the Electricity Board opposes the prayers. According to him, arrears are actually due from the petitioner and the petitioner is liable to pay the same. 3. Having considered the arguments of both sides, I dispose of this writ petition with the following directions: The 2nd respondent shall consider and pass orders on Ext.P4 after affording an opportunity of being heard to both sides as expeditiously as possible, at any rate, within three months from the date of receipt 2 of a certified copy of this judgement. Pending disposal of Ext.P4, further coercive proceedings for recovery of the amount shall be kept in abeyance on condition that the petitioner pays an amount of Rs.75,000/- within two weeks. I make it clear that the payment would be subject to the contention of the petitioner regarding limitation in initiating recovery proceedings and if ultimately the petitioner's plea of limitation is upheld, the 1st respondent is liable to refund the amount paid as directed above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge