IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 8139 of 2010(N) ------------------------- PETITIONERS: --------------- 1. K.P.KOYAKUTTY, S/O. SAIDALI, KALLIPARAMBIL HOUSE, PALOLIPARAMBU, ANAMANGAD, PERINTHALMANNA, MALAPPURAM. 2. SUHARA, D/O. SAIDALI, POOKKATTUTHODI HOUSE, ANAMANGAD, PERINTHALMANNA, MALAPPURAM. 3. K.P.ABDUL SALAM, S/O. SAIDALI, KALLIPARAMBIL HOUSE, PALOLIPARAMBU, ANAMANGAD, PERINTHALMANNA, MALAPPURAM. BY ADV. MR. T.K.VENUGOPALAN MR. SHIBU JOSEPH RESPONDENTS: --------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, VAIDHYUTHI BHAVANAM, K.S.E.B., MANJERI. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PERINTHALMANNA. 4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, PERINTHALMANNA. 5. THE TAHSILDAR, TALUK OFFICE, PERINTHALMANNA. R1 TO R4 BY ADV. MR. P.P.THAJUDEEN, SC, K.S.E.B MR. C.K.KARUNAKARAN, SC FOR KSEB R5 BY GOVERNMENT PLEADER MR. MATHEW GEORGE VADAKKAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 8139 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of June, 2010 JUDGMENT The petitioner has approached this Court with the following prayers : (a). Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 to 4 to inform the petitioners about the actual amount due from them and the reasons by which such amount is assessed against them. (b). Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext. P4 notice issued under the Revenue Recovery Act by the 5th respondent. (c). Issue a direction to the respondents not to initiate any steps for recovery of amounts against the petitioner or their properties without serving proper notices on them. (d) Be further pleased to issue such other writ, order or direction as are necessary in the nature of the case and in the interest of justice. 2. The correctness and sustainability of the demand raised by the respondents has been explained in the counter affidavit filed by the respondents 1 to 4 pointing out the actual liability. The petitioner has filed a reply affidavit in response to this, stating that, the figures furnished by the respondents are not correct or sustainable. W.P. (C) No. 8139 of 2010 : 2 : 3. The learned counsel for the petitioner further submits that, pursuant to the interim order passed by this Court on 12.03.2010, a sum of Rs. 25,000/- has already been satisfied and the petitioner may be permitted to avail the statutory remedy by way of appeal approaching the second respondent. 4. Considering the facts and circumstances, the petitioner is relegated to avail the statutory remedy by way of appeal, approaching the second respondent. If any such appeal is filed by the petitioner, within 'two weeks' from the date of receipt of copy of the judgment, the same shall be treated as valid and proper appeal and the amount of Rs.25,000/- already remitted by the petitioner pursuant to the interim order passed by this Court shall be given due credit. The appeal shall be considered and appropriate orders shall be passed in accordance with law, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd