IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 1860 of 2010(F) ------------------------- PETITIONER: --------------- K.P.ABUBACKER HAJI KODUVAPARAMBIN HOUSE, KAKKADAPPURAM, A.R.NAGAR, THIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.C.K.THANU PILLAI SRI.T.K.SHAIJ RAJ RESPONDENTS: --------------- 1. THE ASSISTANT ENGINEER ELECTRICAL SECTION, CHEMMAD POST,THIRURANGADI. 2. THE ASSISTANT EXECUTIVE ENGINEER KSEB, THIRURANGADI. 3. THE STATE ELECTRICITY BOARD THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 4. THE DISTRICT COLLECTOR MALAPPURAM DISTRICT. 5. THE THAHSILDAR REVENUE RECOVERY, THIRURANGADI. R1 -R3 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rkc P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.1860 of 2010 -------------------------- Dated this the 22nd January, 2010 J U D G M E N T The bills issued in respect of the amount due from the petitioner to the Board had already been challenged by him by filing WP(C) No.28211/08, which led to Ext.P3 judgment, whereby the recovery proceedings were ordered to be kept in abeyance for a period of three months. It is the case of the petitioner that the petitioner fell ill and could not pursue the matter further who hence has preferred Ext.P6 representation before the District Collector (4th respondent) on 18.1.2010 seeking to permit him to clear the liability by way of 10 equal monthly instalments. 2. Learned standing counsel appearing for the respondent Board submits that there is absolutely no scope for showing any indulgence in the matter; that petitioner is simply protracting things and that the matter has become final by virtue of Ext.P3 judgment. However, taking note of the persuasive submissions made by the learned counsel as to the sequence of events assuring to W.P (C) No.1860 of 2010 2 honour the commitment, this Court permits the petitioner to clear the entire liability under Ext.P1 by way of ' three' equal monthly instalments, the first of which shall be effected on or before 31.1.2010 to be followed by the subsequent instalments to be effected on or before the 25th of the succeeding months. 3. Subject to the above, all further coercive steps pursuant to Ext.P1, P2 and P5 shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the liability as above, the respondents will be at liberty to proceed with further for realisation of the entire amount in a lump sum. Writ Petition is disposed of, as above. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No.1860 of 2010 3 W.P (C) No.1860 of 2010 4