IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 28601 of 2009(U) -------------------------- PETITIONER(S): --------------- P.RAVEENDRANATHAN, S/O.PAZHANIMALA, RESIDING AT NADUKALAM HOUSE, NATTUKAL PO CHITTUR, PALAKKAD 678 554. BY ADVS. MR.V.CHITAMBARESH, SENIOR ADVOCATE MR.T.C.SURESH MENON MR.JIBU P THOMAS MR.P.S.APPU MR.A.R.NIMOD MR.C.A.ANOOP RESPONDENT(S): --------------- 1. THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD, PALAKKAD ELECTRICAL CIRCLE, PALAKKAD. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KOZHINJAMPARA, PALAKKAD DISTRICT. BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ................................................. W.P(C) No. 28601 of 2009 ................................................. Dated this the 30th day of October, 2009 J U D G M E N T The petitioner has been detected to have been using electricity granted to him for agricultural purpose, for purposes other than agricultural purpose. Therefore penal bills have been issued to the petitioner. The petitioner challenges the same. However, the petitioner now confines his relief for permission to pay off the amounts now demanded in three equal monthly installments. 2. I have heard the learned standing counsel for the Electricity Board also. He stoutly opposes the same. According to him, a person who is found to have been unauthorisedly using electricity granted to him at reduced rate, for purposes other than the purpose for which it has been granted is not entitled to any indulgence from this court. 3. Although, I agree with the standing counsel for the board, I am inclined to take a lenient view in this matter only for the purpose of permitting the petitioner to pay the amounts in installments. Accordingly, this writ petition is disposed of directing the respondent to permit the petitioner to pay off the amounts W.P(C) No. 28601 of 2009 -2- demanded in three equal monthly installments on 15.11.2009. The amount shall be paid with surcharge payable in accordance with the regulations. If the petitioner pays the installments promptly, the electricity connection shall not be disconnected. However, if the petitioner commits default in payment of any of the installments or he is found to have been indulging in similar practices again, it would be open to the respondents to forthwith disconnect the electricity supply. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs