IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 10574 of 2009(N) -------------------------- PETITIONER: -------------- SUBAITHA @ SAINABHA, AGED 50 YEARS, W/O.LATE ABDUL KHADER, AMBATTUKUDY (H), PORAYAR KARA, DESOM P.O., ALUVA. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: ---------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY (REVENUE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR, REVENUE RECOVERY, ALUVA. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, ALUVA. 4. THE VILLAGE OFFICER, CHENGAMANADU VILLAGE, ALUVA. 5. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 6. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ALUVA. R1 TO R4 BY GOVERNMENT PLEADER, RANI P. DIOTHIMA. R5 & R6 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10574 of 2009(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE DECREE IN OS NO.104/2003 OF THE SUB COURT, NORTH PARAVUR DATED19.12.2006. EXT.P2 : TRUE COPY OF THE EXECUTION PETITION DATED 29.03.2008. /TRUE COPY/ PA TO JUDGE P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 10574 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2010 JUDGMENT The prayers in the writ petition are as given below: “i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent Nos.2 to 4 not to proceed against the residential property of the petitioner, till the petitioner obtained money/cost as per the decree in O.S. No.104/2003 of the Sub Court, North Paravur from the Electricity Board by way of compensation. ii) Issue a writ of mandamus compelling the Electricity Board to pay a sum of Rs.35,850/- with interest to the respondents Nos.2 to 4 in respect of the amount due to the petitioner as per the decree in OS No.104/2003 of the Sub Court, North Paravur.” 2. The learned counsel for the petitioner submits that by virtue of the fact that Ext.P1 decree has been got satisfied, no further orders are necessary in this writ petition. 3. Now the remaining question is with regard to the liability of the petitioner to satisfy the amount payable as 'Court fee'. 4. The learned counsel for the petitioner submits that in spite of the offer made by the petitioner, the due amount was WP(C) No. 10574 of 2009 -:2:- not accepted by the concerned Village Officer because of the pendency of the above writ petition. The learned Government Pleader appearing for respondents 1 to 4 submits that the amount will definitely be accepted by the Village Officer. The submission is recorded and the Writ Petition is closed. P.R. RAMACHANDRA MENON, JUDGE ttb