IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 3898 of 2010(J) ------------------------- PETITIONER: --------------- N.A. ABOOBACKER, S/O. N.A. ABDULLA HAJI, AGED 55 YEARS, VIDHYA NAGAR, NAIMARMOOLA, KASARAGOD. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KASARAGODE. 3. THE TAHSILDAR, REVENUE RECOVERY, KASARAGOD. 4. THE VILLAGE OFFICER, CHENGALA GROUP, KASARAGOD. 5. THE KARALA STATE ELECTRICITY BOARD, TRIVANDRUM REPRESENTED BY THE SECRETARY, VAIDYUTHI BHAVAN, TRIVANDRUM. 6. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KASARAGOD. 7. THE DEPUTY SUPERINTENDENT OF POLICE, (SPECIAL BRANCH C.I.D.) KASARAGOD. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. R5 AND R6 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P..(C) No. 3898 OF 2010 ......................................................................... Dated this the 30th March, 2010 J U D G M E N T The petitioner has approached this Court with the following prayers. “i) Call for the records relating to Exhibit P3 and P4 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd respondent to effectively consider and pass appropriate orders upon Exhibits P5 and P6 after affording an opportunity of being heard to the Petitioner within a time limit,. keeping in abeyance any coercive proceedings including Recovery against him. iii) Issue a writ of mandamus or other appropriate writ order or direction commanding the 7th respondent to pay the rent arrears due to the petitioner forthwith. W.P..(C) No. 3898 OF 2010 2 iv) pass such other order or direction which this Hon'ble court may deem fit and proper to grant in the circumstances of the case.” 2. The claim is resisted from the part of the respondent Board stating that there is absolutely no merit or bonafides in the claim, in so far as the petitioner wants the Board to proceed against the tenants of the petitioner for realisation of the amount in respect of the electricity bills, which is not liable to be entertained under any circumstances. Pursuant to the instructions sought for, the 7th respondent, who was the tenant at that point of time, filed a statement stating that the factum of tenancy is admitted in respect of the period from 01.01.2001 to 26.05.2005 and that the entire outstanding liability in respect of the said period will be cleared in terms of the Government Order, G.O.(Rt) No.394/09/Fin dated 14.01.2009 produced as Annexure- R7(a) along with the said statement. 3. The learned Standing Counsel for the Board submits that there are two connections provided to the building/premises of the petitioner and that the amounts are due in respect of W.P..(C) No. 3898 OF 2010 3 different periods, i.e. in respect of 12/2003 to 10/2005 to one connection and for the period 9/2002 to 12/2005 in respect of other connection. 4. The learned Counsel for the petitioner submits that the petitioner is ready and willing to clear the balance amount, after deducting the amount that is liable to be paid by the 7th respondent, who was the tenant of the premises in question for the period till 26.05.2005 . 5. In the above circumstances, the 6th respondent Board shall issue the revised bill to the petitioner in respect of the outstanding liability with regard to both the above connections after segregating the amount undertaken to be paid from the part of the 7th respondent with reference to Annexure-R7(a) within two weeks and on serving such bill to the petitioner, the entire outstanding liability shall be cleared by the petitioner within one week thereafter. 6. It is also made clear that if the petitioner has got any further grievance with regard to the actual extent of the liability it will be for the petitioner to move against the 7th respondent or W.P..(C) No. 3898 OF 2010 4 others concerned, as the case may be. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk