IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 37678 of 2004(I) -------------------------- PETITIONER: ------------ UNNIKRISHNAN PILLAI, AGED 48 YEARS, S/O. SANKU PILLAI, CHEMBAKASSERIL HOUSE, VADAKKUMTHALA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT WORKING AS SECRETARY PRAYAR SOUTH COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.Q.547, CLAPPANA P.O. BY ADV. SRI.V.LEKSHMANAN RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. THE TAHSILDAR, KARUNAGAPPALLY. 3. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. 4. THE CHIEF EXECUTIVE, KERALA COIR WORKERS WELFARE FUND BOARD, ALAPPUZHA. R1,R2 & R4 BY G.P. SMT. SMITHA R3 BY ADV. SRI.CK KARUNAKARAN,, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE RR NOTICE FROM THE TAHSILDAR, KARUNAGAPPALLY DATED 20.11.2004 EXT.P2 PHOTOCOPY OF THE NOTICE DATED 3.9.2004 ISSUED BY THE RESPONDENT. EXT.P3 PHOTOCOPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 37678 OF 2004 -------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT Even though O.P. is pending in this Court for over three years, no counter affidavit is filed. WP remains defective as no notice was served on the fourth respondent. I do not think any purpose will be served by issuing notice again to the fourth respondent because liability to Coir Workers welfare fund is not disputed by the petitioner. Moreover petitioner is disputing the liability due to the KSEB. Standing counsel for the KSEB submitted that the amount demanded is the actual amount payable under the minimum guarantee agreement, even though unit remained closed. Since petitioner's society was engaged in production of coir yarn and since it is closed for long period, I feel substantial interest could be waived provided arrears are paid within a reasonable time. So far as Coir Workers welfare fund contribution is concerned, petitioner is liable to pay the same since liability is admitted. Therefore I dispose of the W.P. granting time to the petitioner to clear the electricity dues exclusive of interest and 2 surcharge till 31.5.2008. If payment is not made by then, the second respondent will proceed for recovery of entire amount due including full interest and surcharge. Petitioner is granted time till 31.5.2008 to clear the welfare fund arrears also. If liability is not cleared as above on or before the said date, recovery can be continued by sale of assets of the society. (C.N. RAMACHANDRAN NAIR) Judge kk 3