IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 18722 of 2009(I) -------------------------- PETITIONER(S): --------------- SRI.BHAGAVATHI TEXTILES LTD., K.K.PATHY, CHITTUR TALUK, PALAKKAD DISTRICT, REP.BY ITS VICE PRESIDENT, M.CHNNIAPPAN. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DY.TAHSILDAR, CHITTUR TALUK, PALAKKAD DISTRICT. 3. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 4. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, NATTUKKAL, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 5. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R3-5 BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.18722 OF 2009 ------------------------ Dated this the 29th day of July, 2009. JUDGMENT In this writ petition, petitioner mainly challenges Exts.P11 and P12, the revenue recovery notices, issued at the instance of the respondent Board for realising Rs.3,11,02,133/-and other charges. According to the petitioner, on the basis of Exts.P11 and P12, machineries in the company were attached. 2. It is stated that subsequently, the petitioner made a representation to the Kerala State Electricity Board. The representation was considered and order dated 22.7.2009 was issued by the Special Officer(Revenue),a copy of which has been produced by the petitioner. Going by this order, the interest liability of the Petitioner has been reduced to 9% and excluding the arrears held up due to the pendency of the SLP before the Supreme Court as a separate WP(c).No.18722/09 2 component, the amount due for remittance has been quantified as Rs.1,17,90,689/-. The order also requires the petitioner to remit the amount not later than 31.7.2009. It is stated that, once such payment is made, the revenue authorities will be requested to exclude the machinery in the premises of the company from the purview of revenue recovery action. 3. The counsel for the petitioner submits that the petitioner has accepted the terms as contained in the order dated 22.7.2009 and the only prayer that is now made is, that if the payment is made as directed in the said order, the attachment of the machineries should be lifted. 4. I have perused the order dated 22.7.2009. It is seen that the liability of the petitioner has been quantified as indicated above. This order also provides that, if payment is made, the attachment of the machineries effected in pursuance to Exts.P11 and P12 should be lifted and if the petitioner complains with the conditions of the order, WP(c).No.18722/09 3 necessarily they are entitled to the benefit of the order. Accordingly, the writ petition is disposed of directing that, if the petitioner makes payment of Rs.1,17,90,689/- not later than 31.7.2009, the 2nd respondent shall immediately take steps for getting the attachment of the machineries lifted, subject to the other conditions contained in the order dated 22.7.2009. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.18722/09 4