IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37351 of 2008(V) ----------------------------------------------- PETITIONER(S): --------------------- POONGADAN AHAMMED KOYA HAJI S/O.KUNHAHAMMED HAJI, THIRURANGADI AMSOM DESOM MALAPPURAM. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.K.K.SAIDALAVI RESPONDENT(S): ------------------------ 1. THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, THIRURANGADI. 2. THE EXECUTIVE ENGINEER K.S.E.B DIVISION OFFICE, KAKKAD, THIRURANGADI. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 37351 OF 2008 V -------------------------------------- Dated this the 19th December, 2008 JUDGMENT Petitioner challenges Exts.P1 and P5. Ext.P1 is a Bill under Section 126 and Ext.P5 is a disconnection notice. Petitioner challenged the assessment and by Ext.P3 Judgment, petitioner was permitted to file Appeal. The Judgment is dated 10.4.2008. What is shown as Appeal, namely Ext.P4 is dated 24.8.2008. The prayers in the Writ Petition are to quash Exts.P1 & P5 and also to direct the second respondent to consider Ext.P4 Appeal. 2. I heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent Electricity Board. 3. On a perusal of Ext.P4, it cannot be directed to be considered. Ext.P4, in the first of all, is not in the prescribed form. But more importantly, an Appeal has to be preferred WPC.37351/08 V 2 within thirty days. The Appeal was filed only on 24.8.2008. Even if the time of thirty days is calculated from the date of the Judgment, it is barred beyond the time. No provision is pointed out enabling condonation of delay. In such circumstances, there may not be much merit. Counsel for petitioner then points out that the petitioner may be permitted to pay the amount in easy instalments. I feel that the petitioner can be permitted to pay the amount in six equal monthly instalments. Accordingly, the Writ Petition is disposed of as follows: Recovery proceedings pursuant to Ext.P5 will be kept in abeyance on condition that the petitioner pays the entire amount payable with due interest in terms of Ext.P5 in six equal monthly instalments, the first of which shall be payable on or before 10.1.2009 and the remaining instalments on or before the 10th day of every succeeding month. The first respondent will intimate the petitioner within two weeks from today, as to the exact amount of the instalments to be paid in terms of this WPC.37351/08 V 3 Judgment. Needless to say, if default is committed, recovery proceedings can be taken against the petitioner in accordance with law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge