IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 28279 of 2011(H) -------------------------- PETITIONER(S): --------------- JOHNSON,AGED 45 YEARS, S/O.JOSE,PUTHUSSERI HOUSE,KUNNAKARA VILLAGE, PARAVOOR TALUK,ERNAKULAM DISTRICT BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, KUNNUKARA,P.O.KUNNUKARA 683101 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ALUVA 683101 3. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, CHENGAMANADU,ALUVA 683101 4. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM 695 004 ADV. SMT.P.K.RADHIKA-KSEB FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: su W.P.C.NO.28279/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE APPEAL DATED 21/10/2011 FILED BY THE PETITIONER BEFORE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU P.N.RAVINDRAN, J ---------------------------------- W.P.(C) No.28279 of 2011 ------------------------------------ Dated this the 2nd day of November, 2011. JUDGMENT Ext.P1 demand notice issued by the Kerala State Electricity Board, demanding payment of the sum of Rs.1,42,922/- towards additional cash deposit is under challenge in the writ petition. 2. When this writ petition came up for hearing on 25/10/2011, Sri Siraj Karoly, learned counsel for the petitioner submitted that the petitioner is giving up the challenge to Ext. P1 and that the petitioner may be given an opportunity to pay the amount demanded therein in instalments. It was brought to my notice that the Board has granted the petitioner an opportunity to pay the amount demanded in three instalments. I thereupon passed an interim order staying the recovery of the amount demanded in Ext.P1 and the disconnection of electricity supply for non-payment of the said amount in the event of the W.P.(C)28279 of 2011 2 petitioner remitting the sum of Rs.25,000/- on or before 27/10/2011. 3. When the writ petition came up for further hearing today, the learned counsel for the petitioner submitted that the petitioner has deposited the sum of Rs.25,000/- as directed by this Court. The learned Standing Counsel for the Kerala State Electricity Board did not dispute the said submission. In such circumstances, as the Board had itself granted the petitioner an opportunity to pay the amount demanded in three instalments, I dispose the writ petition with the following directions: a) The petitioner shall pay the amount demanded in Ext.P1, less the sum of Rs.25,000/- deposited by him on 27/10/2011 pursuant to the interim order passed by this Court on 25/10/2011, in six equal monthly instalments. The first of such instalments shall be remitted on or before 6/12/2011 and the remaining five instalments on or before W.P.(C)28279 of 2011 3 the 6th of each succeeding English calendar month. If that day happens to be a holiday, payment shall be made on the next working day. b) If the petitioner commits default in remitting any two consecutive instalments, it will be open to the respondents to disconnect the electricity supply and to recover the amount due in lump. c) It is clarified that the petitioner will be entitled to interest on the additional cash deposit only from the respective dates on which the monthly instalments are remitted. P.N.RAVINDRAN JUDGE su