IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24750 of 2008(U) -------------------------- PETITIONER: ------------ 1. S.VINCENT, FACTORY, DIVISION, PERIAVURRAI ESTATE, MUNNAR P.O. 2. SAHAYAMARY, W/O. S. VINCENT FACTORY, DIVISION,PERIAVURRAI ESTATE, MUNNAR P.O. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. THE ACCOUNTS OFFICER TR/II BSNL., JYOTHI SUPER BAZAR BUILDINGS THODUPUZHA. 2. THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CURRUPTION, THODUPUZHA. 3. THE DEPUTY TAHSILDAR (RR) TALUK OFFICE, DEVIKULAM BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 24750 of 2008 -------------------------------------------------------- Dated: AUGUST 14, 2008 JUDGMENT The petitioner had a dispute regarding the bill issued by the respondent towards his telephone charges. He had moved the Consumer Disputes Redressal Forum and on the respondent filing its objections, the same was withdrawn. Subsequently a complaint made by the petitioner was enquired into by the Vigilance Department of the BSNL and according to the learned standing counsel, in a detailed enquiry that was conducted, the correctness of the bill was endorsed. Again, when the payment was not made, recovery proceedings are initiated evidenced by Ext.P4. It is challenging Ext.P4 this writ petition has been filed. 2. Having regard to the facts as noticed above, I do not think there is any substance in the challenge raised by the petitioner, particularly, in a proceeding under Art.226 of WP(C) 24750/08 2 the Constitution of India. Be that as it may, learned counsel for the petitioner prays that he be permitted to pay the amount demanded in Ext.P4 in instalments. 3. I heard the learned standing counsel for the respondents also. 4. Having regard to the submissions made by both sides, I feel that the petitioner should be permitted to pay the amount in instalments. Accordingly, it is directed that the amount due as per Ext.P4 will be permitted to be paid in 8 equal monthly instalments. It is directed that the 1st instalment shall be paid before 29th August, 2008 and the subsequent instalments paid before the 29th of every succeeding month. Subject to such payments, further proceedings in pursuance to Ext.P4 will be deferred. It is clarified that if default is made in the payment of any one of the instalments, the respondents will be free to continue the proceedings without further notice. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-