IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 OP.No. 36325 of 2001(Y) ----------------------- PETITIONER(S): --------------- N. SHAFEEK, MANAPPURAM BUNGALOW, MANAYILKULANGARA,KOLLAM. BY ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY IT'S SECRETARY. 2. ASST. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, OLAI, KOLLAM. 3. DARWIN CRUZ, KADAYIL DALE, THANGASSERY, KOLLAM. 4. N. ALTHAF, VAYALIL VEEDU, MANAYILKULANGARA, KOLLAM. 5. THE DEPUTY TAHSILDAR (RR), KOLLAM. ADV. SRI.S.SANTHOSH KUMAR FOR R4 SRI.J.JULIAN XAVIER FOR R3 SRI.FIROZ K.ROBIN FOR R3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 & 2 R5 BY G.P. SRI. P.K. RAVIKRISHNAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 59325 OF 2001 IN OP 36325 OF 2001 DISMISSED. 9.6.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER DATED 23.2.2000 FROM 2ND RESPONDENT TO THE PETITIONER. EXT.P2 TRUE COPY OF THE LETTER DATED 28.10.2000 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF NOTICE NO. D10-5403/2001 DATED NIL UNDER SECTION 34 OF THE RR ACT ISSUED BY 5TH RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE NOTICE NO. D10-5403/2001 DATED 11/2001 UNDER SECTION 7 OF THE RR ACT ISSUED BY 5TH RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 36325 OF 2001 -------------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT Petitioner is challenging revenue recovery proceedings for recovery of arrears of electricity dues for a connection given to an Ice Plant. This is the sixth Writ Petition filed in the same matter. In the statement filed before this Court, KSEB has stated the arrear position and the adjustments of payments made by the petitioner pursuant to court orders in the OPs. referred to in the statement. It is seen that electricity bill arrears is Rs.5,17,903/- and the balance of nearly Rs. 6 lakhs is interest. The original consumer died in the course of time, and supply was disconnected years back. Since the matter is pending for long, I feel the Electricity Board should grant amnesty benefit to the petitioner by way of waiver of at least 50% of the interest, if the petitioner wants to settle the liability. O.P. is accordingly closed directing the petitioner to approach the Electricity Board offering payment and if petitioner remits arrears with 50% interest within two months from the date of receipt of a copy of this judgment, balance 50% of the interest liability will be waived by the Board. However, if 2 the petitioner does not settle the liability as above within two months from the date of receipt of a copy of this judgment, the Electricity Board will proceed for recovery of entire amount due. (C.N. RAMACHANDRAN NAIR) Judge kk 3