IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 33692 of 2008(J) -------------------------- PETITIONER(S): --------------- M/S HINDUSTAN LUBRICANTS CO. (PVT) LTD., PLOT NO. 53, INDUSTRIAL DEVELOPMENT AREA, ERUMATHALA, ALWAYE - 683 105, REPRESENTED BY ITS DIRECTOR SIYAM BASHEER BY ADV. MR.A.K.SRINIVASAN MR.N.S.MOHAMMED USMAN MR.JIMMY GEORGE MR.A.S.BENOY RESPONDENT(S): --------------- 1. CORPORATION OF COCHIN, ERNAKULAM , REPRESENTED BY ITS SECRETARY. 2. REVENUE OFFICER, CORPORATION OF COCHIN, ERNAKULAM. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, ALWAYE. ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATION FOR R1-2 GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 33692 OF 2008 J -------------------------------------- Dated this the 9th February, 2009 JUDGMENT The petitioner has approached this Court under the following allegations: The petitioner had taken two rooms in the second floor of the building owned by the first respondent Cochin Corporation on rent. There were two separate electric connections. The petitioner vacated the portion relating to Electrical Consumer No.55450 13400 in 2004 and the portion under the other connection in 2006. It is the case of the petitioner that the petitioner is called upon to pay electricity charges and rent arrears. According to the petitioner, there were electricity security deposits made as per Ext.P1 receipts. It is its case that it is not liable to pay any Electricity Charges, as it were with regard to the period after vacating the premises. A Statement and Additional Statement are filed by respondents 1 and 2. 2. I heard the learned counsel for the petitioner, learned WPC.33692/08 J 2 counsel appearing for the respondent Corporation and also the learned Government Pleader. Learned counsel appearing on behalf of the respondent Corporation would submit that an amount of Rs.33,432/= is due as rent arrears, Rs.18,887/= is due as electricity arrears and Rs.9,008/= as penal interest. She submits that the entire amount of deposit can be deducted from the amounts due from the petitioner and the petitioner need pay only the balance. She further points out that the amount of deposit is in a sum of Rs.49,700/= and it is her case that the amount remaining to be paid after adjusting the amounts payable by the petitioner against the same, shall be payable by the petitioner and the petitioner can be granted two weeks' time to pay off the amount. Accordingly, the Writ Petition is disposed of directing that recovery proceedings against the petitioner shall be kept in abeyance for a period of two weeks from today, to enable the petitioner to pay off the balance amount payable by it as submitted by the learned counsel for the respondent WPC.33692/08 J 3 Corporation and upon the petitioner paying off the said amount, recovery proceedings will be dropped. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge