IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 27280 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. P.MARIYUMMA, AGED 70 YEARS,W/O.MAMMU,RESIDING AT POOMANGALORAKATH HOUSE,PERINGOME-P.O., KANNUR DISTRICT. 2. P.MUSTAFFA,S/O.MAMMU, RESIDING AT POOMANGALORAKATH HOUSE, PERINGOME-P.O.,KANNUR DISTRICT. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S): --------------- 1. ASSISTANT ENGINEER,KSEB, ELECTRICAL SECTION,PADIYOTCHAL. 2. DEPUTY CHIEF ENGINEER, ELECTRICAL SECTION,SREEKANDAPURAM. 3. VILLAGE OFFICER, PERINGOME VILLAGE,KANNUR DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 2 GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.27280 of 2009 ================== Dated this the 16th day of October, 2009 J U D G M E N T The petitioners are consumers of electricity. Ext.P2(a) penal bill has been issued to the petitioners on allegations of unauthorised use of electricity. They are aggrieved by the same. The petitioners originally submitted before this Court that they have filed an appeal dated 6.12.2007. In view of that averment I directed the standing counsel to get instructions from the 2nd respondent as to whether the 2nd respondent has received any appeal dated 6.12.2007. I also granted an interim stay of recovery on the petitioners paying Rs.7500/- within two weeks. The counsel for the petitioners submits that Rs.7500/- as directed by order dated 29.9.2009 has been paid. Today the learned Standing Counsel submitted that the petitioners have not filed any appeal dated 6.12.2007 as averred by the petitioners. According to the learned standing counsel, what has been filed is only a representation seeking installment facility to pay off the amounts. In view of the above, the petitioners now confine their prayer for a direction to the respondents to permit the petitioners to pay off the balance amount demanded in instalments. 2. This is opposed by the learned standing counsel for the Electricity Board. 2 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to permit the petitioners to pay off the balance amount due, in ten equal monthly instalments starting from 1.11.2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on the due dates without default, coercive proceedings for recovery of the amounts in dispute shall be kept in abeyance. However, if the petitioners commit default in payment of any one of the instalments, it would be open to the respondents to take coercive proceedings without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge