IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37232 of 2010(D) -------------------------- PETITIONER: ------------------ SAJEEV MATHEW, PADATHU AGGREGATES, MANACAD, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: ----------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PALLOM, KOTTAYAM 686007. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, MANARCAD 686019. 3. THE DEPUTY TAHSILDAR (RR), KOTTAYAM 686001. R1 & R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R3 BY GOVERNMENT PLEADER, SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.37232 of 2010 ---------------------------------------- Dated 20th December, 2010 JUDGMENT This writ petition has been filed mainly with the following prayers:- “i) To issue a writ of mandamus or other appropriate writ or order directing respondents 1 and 2 to permit the petitioner to clear the dues as per minimum guarantee agreement No.1/05 dated 19/10/2005 by 30 equal monthly instalments; ii) To issue a writ of mandamus or other appropriate writ or order directing respondents 1 & 2 to waive the interest and other charges claimed for the amount actually due;” Towards the arrear current charge of unconsumed minimum as per the Minimum Guarantee Agreement an amount of Rs.3,22,945/- was demanded from the petitioner as per Ext.P3. It is challenging the same that this writ petition has been filed. 2. The learned standing counsel, on instructions, submitted that as on November, 2010 the said arrear charge has gone up to Rs.5,91,994/-. The learned counsel for the petitioner submitted that for the purpose of getting permission to pay the amount towards the arrear current charge of unconsumed minimum the petitioner has made a WP(C).No.37232/2010 2 request to the Assistant Engineer, Electrical Division, Mannarkad to grant him instalment facility. As per Ext.P1 the petitioner has expressed his willingness to pay off the entire amount under the said head in 30 instalments. The learned standing counsel, on instructions, submitted that the Assistant Engineer is not the competent authority to take a decision on the said aspect and the petitioner has to approach the Kerala State Electricity Board with the said request as the Board is the authority to take a decision on such matters. In view of the said position obtained in this case, this writ petition is disposed of permitting the petitioner to prefer a representation before the Board itself for permitting him to remit the arrears of current charge of unconsumed minimum as per the Minimum Guarantee Agreement, in instalments. In case, the petitioner makes such a representation within two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the Board within a period of one month thereafter. Till such a decision is taken, no coercive steps pursuant to Ext.P3 shall be taken. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge