IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 9816 of 2011(B) ------------------------- PETITIONER(S): --------------- KOTTAYI GRAMA PANCHAYATH, OFFICE OF THE KOTTAYI GRAMA PANCHAYATH, KOTTAYI, PALAKKAD DIST REP: BY ITS SECRETARY, P.VISWANATHAN. BY ADV. SRI.K.S.RAJESH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD. 3. THE DEPUTY TAHSILDAR (RR), OFFICE OF THE DEPUTY TAHSILDAR (RR), ALATHUR. 4. THE VILLAGE OFFICER, VILLAGE OFFICE, KOTTAYI. 5. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KOTTAYI. 6. THE SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KOTTAYI. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.9816 of 2011 ----------------------------------------- Dated this the 4th April, 2011 JUDGMENT The petitioner, the Kottayi Grama Panchayat, has filed this writ petition challenging Exts.P1 and P2 demand notices issued under sections 7 and 34 of the Kerala Revenue Recovery Act, 1968 and Ext.P3 prohibitory order issued under section 19 thereof. It is evident from the pleadings and the materials on record that revenue recovery proceedings were initiated at the instance of the Kerala State Electricity Board when the petitioner Panchayat did not pay the energy charges. The petitioner does not dispute the liability to pay energy charges. All that is stated is that the consent of the Government is required for utilising Panchayat funds for payment of energy charges. It is for the consumer, the Panchayat in the instant case, to pay from time to time the energy charges. If consent of the Government is required, it is for the Panchayat to seek and obtain such consent. I therefore, find no merit in the challenge to Exts.P1 and P2. Further the learned Government Pleader appearing for the District Collector, Palakkad, submits on instructions that the prohibitory order Ext.P3, was withdrawn on 19.3.2011. I therefore find no grounds to entertain this writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.9816 of 2011 ---------------------------- JUDGMENT 4th April, 2011