IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 34612 of 2005(U) -------------------------- PETITIONER: ------------ M. PREMALATHA, D/O. NADESAN ASSARI, AGED 55 YEARS, MANNADATHU HOUSE, PUTHIYAPALAM, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SRI.P.GOPINATH SRI.C.S.SUNIL SMT.C.G.PREETHA SRI.M.PRAVEESH RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION, PATTAMMAL, KOZHIKODE-16. BY ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 34612/05 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE LETTER DTD.22.4.05 BY R2 TO THE PETITIONER. P2. COPY OF THE JUDGMENT IN W.P.C.NO.22825/05 OF THIS COURT. P3. COPY OF THE LETTER DTD.19.11.95 BY R2 TO THE PETITIONER. sdk+ ///True copy/// P.S. to Judge KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.34612 of 2005 ----------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT Petitioner approached this court aggrieved by the steps taken by the second respondent to collect certain amounts by way of interest on the dues payable by the previous owner. It is seen that the petitioner has approached this court earlier leading to Ext.P2 judgment in W.P(C)No.22825/2005. The petitioner was permitted by this court to pay the dues as demanded at that time in two instalments. Those amounts were paid also. At that time the respondent did not have any case regarding any interest. Therefore, the petitioner having complied with the judgment, unless that judgment is duly varied in accordance with law, there cannot be any further levy in respect of the demand already covered by Ext.P2 judgment. Therefore, Ext.P3 is quashed. The amount already deposited by the petitioner shall be duly adjusted towards future demands. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.34612 of 2005 ----------------------------------- JUDGMENT 29th August, 2008