IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 28211 of 2008(H) -------------------------- PETITIONER(S): --------------- K.P.ABUBAKER HAJI, KODUVAPARAMBAN HOUSE, KAKKADAMPURAM, A.R.NAGAR AMSOM DESOM, THIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.C.K.THANU PILLAI RESPONDENT(S): --------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, CHEMMAD POST, THIRURANGADI. 2. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B, THIRURANGADI. 3. THE KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 4. THE TAHSILDAR, REVENUE RECOVERY, THIRURANGADI. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28211 OF 2008 H ```````````````````````````````````````````````````` Dated this the 17th day of October, 2008 J U D G M E N T Petitioner challenges Exts.P1 and P6. Ext.P1 is the bill dated 21.6.2006. Ext.P6 is the revenue recovery notice issued. According to the petitioner, he has an electric connection for agricultural purpose and it is used for irrigating agricultural operations of the petitioner which is the sole livelihood of the petitioner. Ext.P1 was issued on the ground that he used electricity for pumping water to a tea shop. Penalty of Rs.14,289/- was imposed and the electric connection was dismantled. The petitioner presented petition and the 2nd respondent granted three monthly instalments for payment of the amount. According to the petitioner, it was agreed upon payment of the first instalment, connection can be restored. It is stated that the petitioner has paid the cost of the meter and the first instalment on 29.6.2006. But, the petitioner was not given reconnection. Now, the petitioner is WPC.28211/08 : 2 : faced with revenue recovery proceedings. 2. I heard learned counsel for the petitioner and learned standing counsel. Learned standing counsel relies on Regulation 41 of K.S.E.Board Terms and Conditions of Supply, 2005. He submits that the connection in this case has been dismantled and now it can be restored back to the petitioner in terms of the said regulation. 3. In the facts and circumstances of the case, I think I need not consider the challenge to Ext.P1. I feel that, in the light of the regulation mentioned above, recovery proceedings can be kept in abeyance for a period of three months. Ordered accordingly. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE