IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 2510 of 2010(K) ------------------------- PETITIONER: --------------- BONEY JOSEPH, NIRAKASSERY HOUSE, MANASSERRY, KANNAMALY P.O., ERNAKULAM. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM REP.BY ITS SECRETARY. 2. THE SUB ENGINEER, K.S.E.B. ELECTRICAL SECTION, KANNAMALY, ERNAKULAM. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 2510 OF 2010 ......................................................................... Dated this the 3rd March, 2010 J U D G M E N T The petitioner has approached this Court seeking for the following reliefs: “i. To issue a writ of mandamus or any appropriate writ or order directing the 2nd respondent to forthwith give supply to the petitioner's building No.1/122 situated in Sy.No. 1396 of Palluruthy Village in lieu of Ext.P4 application submitted by the petitioner without insisting for clearance of the alleged arrears which is already stayed by this Hon'ble Court. ii. To declare that petitioner is not liable to clear the alleged previous arrears due to the KSEB in lieu of the stay order passed by this Hon'ble Court staying the collection of the alleged dues. iii. To grant such other reliefs that may be deemed just and proper by this Hon'ble Court. W.P.(C) No. 2510 OF 2010 2 2. The learned Counsel for the petitioner submits that the electric supply to the petitioner's building stands disconnected for quite long and the delay on the part of the respondents in providing new connection is causing much loss and hardship to the petitioner and hence is under challenge. 3. The learned Standing Counsel appearing for the respondents submits that, quite a huge sum is still lying as arrears to be satisfied by the petitioner, as clearly stated in paragraph No.5 of the counter affidavit and that unless and until the said liability is satisfied, the question of new connection is not liable to be entertained. It is brought to the notice of this Court that a sum of Rs.95,925/- is also liable to be paid by the petitioner towards penalty in respect of the alleged theft, forming the subject matter of Ext. P1 and it is separately under challenge in W.P.(C) No.18054 of 2008, where Ext.P3 interim order of stay has been granted by this Court, which is still in force. 4. The learned Counsel for the petitioner submits that the W.P.(C) No. 2510 OF 2010 3 condition imposed by this Court has been satisfied and the petitioner is enjoying the benefit of the interim stay. This being the position, it is submitted that the respondents are not entitled to club the said liability to be satisfied by the petitioner for the time being, so as to provide the new connection. It is also submitted that the petitioner is ready and willing to satisfy the actual liability . 5. The learned Standing Counsel for the respondents submits that , as pointed out in paragraph No.6 of the counter affidavit, a sum of Rs.30,800/- is liable to be returned to the petitioner, which is to be set off against the liability. Of course, there is a contention for the petitioner that the said amount is to be set off against the principal amount, which however, is strongly rebutted from the part of the respondents stating that it can be set off only from the total liability, as stated in the counter affidavit. 6. Considering the rival submissions, this Court does not propose to go into the merits or de-merits as to the actual manner of apportionment of the amount, for the time being. W.P.(C) No. 2510 OF 2010 4 The respondents are directed to give credit to the said amount and the balance amount shall be satisfied by the petitioner by way of 'three' equal consecutive monthly installments, the first of which shall be effected within one week and the others on or before the last working day of April and May, 2010. On satisfying the first installment, new connection shall be provided to the petitioner forthwith, subject to satisfaction of all the statutory formalities in this regard. It is made clear that the petitioner will be entitled to agitate the actual manner of apportionment and as to the actual quantum of liability to be satisfied, including the rate of interest realizable in the due course. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk