IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WA.No. 1988 of 2008 ------------------------------------ AGAINST THE ORDER IN WPC.27179/2008 Dated 19/09/2008 .................... APPELLANT/PETITIONER: ------------------------------------ ANI S., S/O.R.SUKUMARAN, ALANIS BEAUTY PARLOUR, KANATHARA SHOPPING COMPLEX, RAMANCHIRA, THIRUVALLA. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, PATHANAMTHITTA. 3. THE ASSESSING OFFICER (ASSISTANT ENGINEER), ELECTRICAL SECTION, THIRUVALLA. 4. THE ASSISTANT EXECUTIVE ENGINEER APTS, POOVANTHURAUTHU, KOTTAYAM. BY STANDING COUNSEL SRI.C.K.KARUNAKARAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & THOMAS P.JOSEPH, J. ------------------------------------------------------ W.A.No.1988 of 2008 ---------------------------------------------- Dated, this the 30th day of September, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the interim order passed by the learned Single Judge in W.P.(C) No.27179/2008 dated 19.9.2008. 2. The learned Single Judge, while entertaining the writ petition has passed the following interim order: “ Standing Counsel takes notice. There will be an interim stay of Exhibit P3 on condition that the petitioner pays the amount covered by Exhibit P3 in five equal monthly instalments. The first instalment shall be paid on or before 3.10.2008 and the subsequent instalments shall be paid on or before the Ist working day of every succeeding month. The payment will be provisional and subject to the result of the Writ Petition.” 3. Aggrieved by the said order, the petitioner in the writ petition has presented this writ appeal. 4. Sri.M.V.Thamban, learned counsel appearing for the appellant, may be knowing the mind of the Court, would only request us to permit the appellant to pay the first instalment as directed by the learned Single Judge on 4.11.2008 and the subsequent instalments on W.A.No.1988/2008 -2- or before the Ist working day of every succeeding months. 5. In our view, the request of the learned counsel for the appellant appears to be reasonable, and if it is granted, it would not prejudice the case of the respondents/ Kerala State Electricity Board in any manner whatsoever. Accordingly, we pass the following: Order i). The writ appeal is disposed of. ii). The appellant is permitted to pay the first instalment as directed by the learned Single Judge on or before 4.11.2008 and the subsequent instalments on or before the Ist working day of the succeeding months. iii). Any amounts that is deposited by the appellant pursuant to the orders passed by the learned Single Judge and by us is subject to the final result of the writ petition. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (THOMAS P.JOSEPH) JUDGE MS