IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WA.No. 1729 of 2010 ----------------------------- (Against the order in WP(C) No.27083 of 2010 dated 15-9-2010) APPELLANT(S): PETITIONER: ----------------------------------------- D.ARAVINDAKSHAN, EDAYANETH, JANAKIRAJ INDUSTRIES, S.R.P.MARKET.P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA. SMT.S.MEERA. SMT.M.G.AISHWARYA. RESPONDENT(S): RESPONDENTS: ----------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004, REPRESENTED B Y ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL DIVISION, KARUNAGAPPALLY, 690518. 3. THE SPECIAL OFFICER (REVENUE), K.S.E.B. VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695004. 4. THE DISTRICT COLLECTOR, KOLLAM 691001. 5. THE TAHSILDAR, TALUK OFFICE, KARUNAGAPPALLY, KOLLAM 690518. R1 TO R3 BY STANDING COUNSEL SRI.C.K.KARUNAKARAN. R4 & R5 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.A.No.1729 of 2010 ---------------------------------------------- Dated, this the 7th day of October, 2010 J U D G M E N T K.M.Joseph, J. This appeal is directed against an interim order calling upon the appellant to pay Rs.2 lakhs. 2. We heard the learned counsel for the appellant and learned counsel for the respondents. We notice that the learned Single Judge has stayed further proceedings subject to the condition that the appellant pays Rs.2 lakhs before 15.10.2010. Of course, the learned counsel for the appellant would contend that the appellant is not liable to pay any amount under the LT Tariff and that he has actually paid in excess. That is a question to be gone into and considered in the writ petition. We are now concerned with the interim order. In the nature of the interim order passed and also after hearing the submission of the learned standing counsel that the total amount in challenge even going by the Adalath decision is in the region of Rs.7 lakhs and the amount directed to be paid is less than 1/3rd, we extend the time for payment W.A.No.1729/2010 -2- of the amount. Accordingly, the appeal is disposed of directing that if the appellant pays Rs.2 lakhs (Rupees two lakhs only) on or before 30.11.2010, the proceedings pursuant to Ext.P9 will stand stayed. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS