IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 26554 of 2007(J) --------------------------------------- PETITIONER(S): ----------------------- 1. C.L.VENKITACHALAM, KESAVA FARM, PARA ROAD, KANNCHIKODE P.O., PALAKKAD. 2. AMBUJAVALLY, W/O.C.L.VENKITACHALAM, KESAVA FARM, PARA ROAD, KANNCHIKODE P.O., PALAKAD. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KANCHIKODE, PALAKAD. 3. AGRICULTURAL OFFICER, KRISHI BHAVAN, KANCHIKKODE, PUTHUSSERY, PALAKKAD. R1 & R3 BY GOVT. PLEADER MR.P.M. MANOJ. R2 BY ADV. MR.PP. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 26554/2007-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS)NO.30/99 DATED 04/02/1999. EXT.P2: COPY OF THE COMPLAINT DATED 18/03/2004. EXT.P3: COPY OF THE NOTICE NO.BB/DC/07-08/4/KJD DATED 13/06/2007. EXT.P4: COPY OF THE COMPLAINT DATED 19/06/2007 SUBMITTED BY 1ST PETITIONER. EXT.P5: COPY OF THE COMPLAINT DATED 19/06/2007 SUBMITTED BY 2ND PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26554 of 2007-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of March, 2010. Judgment The issue raised in this writ petition is covered in favour of the petitioners as per the decision in Ammini Gopalakrishnan v. State of Kerala, 2002(3) KLT 553. Accordingly, this writ petition is allowed quashing Ext.P3 and leaving the KSEB with liberty to collect or recover the amounts from the State. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0704