IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 25436 of 2010(D) --------------------------------- PETITIONER(S): ------------------- K.ASOKAN, MANAGING PARTNER, M/S.STANDARD FIBERS AND ALLIED PRODUCTS, KAIPURATHU HOUSE, KEEZHARIYUR P.O., KOYILANDY, KOZHIKODE DIST. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): -------------------- 1. KERALA STATE ELECTRICITY BOARD, VAIDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, THALASSERY. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KUTHUPARAMBA. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION, KUTHUPARAMBA. R1 TO R4 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 25436 of 2010-D ---------------------------- Dated this the 19th day of August, 2010. J U D G M E N T The petitioner has approached this Court with the following prayers: “i) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to re- connect the electric supply to his unit and permit the petitioner to remit the defaulted instalments within a time limit prescribed by this Hon'ble Court and allow him to pay the remaining instalments in accordance with the original schedule provided by the respondents. ii) To grant such other reliefs which this Hon'ble Court deem just and proper in the facts and circumstances of the case, including the cost of the petitioner.” 2. The learned counsel for the petitioner submits that, eventhough the Board had already permitted the petitioner to satisfy the outstanding liability by way of 'nine' equal monthly instalments, the petitioner could satisfy only the first one, because of some unforeseen pecuniary circumstances and that the petitioner is ready and willing to clear the entire defaults till date and re-connection might be ordered on satisfaction of the said liability, with liberty to satisfy the remaining instalments without fail. W.P(C) No. 25436 of 2010-D 2 3. The learned standing counsel appearing for the respondents submits with reference to Ext.P4 order dated 8.6.2010, issued by the second respondent, that if at all the request of the petitioner is to be considered, the petitioner will have to satisfy the entire defaulted instalments together with surcharge till date and the re-connection charges, which is stated as agreeable to the petitioner. 4. In the said circumstances, the petitioner is directed to clear the entire defaulted amount with surcharge till date and re- connection charges forthwith, on which event; the re-connection shall be effected by the respondents. This will be in addition to the liability of the petitioner to clear the further instalments without fail. If any further default is made, the benefit granted by this judgment will stand automatically recalled. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab W.P(C) No. 25436 of 2010-D 3