IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WA.No. 887 of 2008 --------------------------------- AGAINST THE ORDER IN IA NO.3072/08 IN WPC.2372/2007 Dated 31/03/2008 .................... APPELLANT/PETITIONER ------------------------------------- K.A.MOHAMMED SHERIEF, S/O.ABDUL AZEEZ, KAROTHUKUDY HOUSE, KANDANTHARA, ALLAPPRA (PO), PERUMBAVOOR. BY ADV. SRI.C.K.ABDUL RAHIM RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDUTHI BHAVAN, PATTOM (PO), THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KSEB, PERUMBAVOOR, 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, VENGOLA, VENGOLA (PO), PERUMBAVOOR. BY ADV. SHRI C.K. KARUNAKARAN, SC, KSEB. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K. M. JOSEPH, J. -------------------------------------------------- W. A. NO. 887 OF 2008 --------------------------------------------------- Dated this the 10th April, 2008 JUDGMENT H.L. DATTU, C.J: This Writ Appeal is directed against the order passed by the learned Single Judge on I.A. No.3072/08 in W.P.(C) No.2372 of 2007 dated 31.3.2008. The learned Single Judge has directed the appellant/petitioner in the Writ Petition to pay the amounts demanded by the Electricity Board as per Ext.P8 order, in five equal monthly instalments. 2. Learned counsel appearing for the appellant would submit that the appellant has already deposited a sum of Rs.84,413/- pursuant to the order passed by the Respondent Electricity Board (Ext.P8). Therefore, submits that this Court may permit the appellant to pay Rs.30,000/= (Rupees Thirty Thousand) during the pendency of the Writ Petition. 3. Though Shri C.K. Karunakaran, learned standing counsel appearing for the respondent Board opposes the request made by the counsel for the appellant, keeping in view of the facts and circumstances of the present case, we are of the opinion that if the request made by the counsel for the appellant is granted, it may not cause any prejudice to the respondent Board. 4. In that view of the matter, while disposing of this Writ Appeal, we direct the appellant to deposit a further sum of Rs.30,000/= (Rupees Thirty Thousand) with the respondent Board within four weeks' time from today. We also make it clear that if for any reason the appellant fails to deposit the amount as directed by us, the respondent Board is at liberty to recover the entire amounts due from the appellant pursuant to Ext.P8 order. WA 887/08 2 With these observations and directions, the Writ Appeal is disposed of. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE kbk/DK.