IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 29961 of 2004(P) --------------------------------------- PETITIONER: ------------------- C.T. RAPPAI, S/O. C.V. THOMAS, AGED 50, H.C. NO.2291, MANNARKKAD POLICE STATION, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, MANNARKKAD, PALAKKAD DISTRICT. 3. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY. 4. THE EXECUTIVE ENGINEER, KSEB, PALAKKAD. 5. THE ASST.EXE.ENGINEER, K.S.E.B., MANNARKKAD. R3 TO R5 BY SRI.A.SUDHI VASUDEVAN, S.C, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29961/2004-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPIES OF THE BILLS DTD. 18/06/2004 AND 16/08/2004 ISSUED BY THE OFFICE OF THE R.4. EXT.P.2: COPY OF THE REPRESENTATION DTD. 20/08/2004. EXT.P.3: COPY OF THE ORDER DTD. 08/07/2004, THE R.1. HAS ISSUED ORDERS TO COLLECT FROM THE PETITIONER'S SALARY RS.2,000/- EVERYMONTHS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29961 of 2004 (P) --------------------------------- Dated, this the 22nd day of July, 2010 J U D G M E N T The petitioner was a Head Constable in the Pattambi Police Station. During the period from June 2002 to August 2003, he was occupying a quarters, where supply of electricity was being made with Consumer No.2579. It would appear that from January, 1997 onwards default was made in the matter of payment of energy charges. Finally, the Board demanded payment of the entire dues from the consumer, viz., Sub Inspector of Police, Pattambi with arrears. It would appear that the total amount due to the Board was Rs.26,998/-, and the amount has been apportioned by Ext.P3 order of the Superintendent of Police, Palakkad. From Ext.P3 it is seen that for the period from January 1997 to May, 2000, the amount is ordered to be paid by one Mr.Narayanan, who was then occupying the quarters, and for the remaining period from June, 2000 to August, 2003, the petitioner was ordered to pay the balance amount. It is this order which is under challenge in the writ WP(C) No.29961/2004 -2- petition. Admittedly, energy charges are due to the Electricity Board for the period from January 1997 to August, 2003. During this period, the quarters in question was occupied by one Mr.Narayanan and the petitioner. Ext.P3 shows that the liability for the aforesaid period is apportioned between the petitioner and the said Mr.Narayanan for the periods for which they occupied the quarters. This, in my view is the most equitable and plausible way of apportionment of liability, and there is no arbitrariness in Ext.P3 warranting interference. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg