IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 31348 of 2007(F) -------------------------- PETITIONER: ------------ A.M. MOIDU, M/S. SAMRAT RICE MILL, KOYALAKKAD P.O.,PALAKKAD. BY ADV. SRI.K.I.SAGEER RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, APTS HQ, K.S.E.B. VIGILANCE WING, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, K.S.E.B., ELECTRICAL CIRCLE, PALAKKAD. 4. ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SUB DIVISION, ALATHUR. 5. ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., PUTHOCODE,PALAKKAD. 6. DEPUTY TAHSILDAR, R.R., ALATHUR, PALAKKAD. 7. VILLAGE OFFICER, KANNAMBRA, ALATHUR, PALAKKAD.` BY ADV.SRI.P.P.THAJUDEEN FOR R1 TO R6 GOVT. PLEADER SMT.ANU SIVARAMAN FOR R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL.B.RADHAKRISHNAN, J. --------------------------------- W.P(c)No.31348 OF 2007 ------------------------------------ Dated this the 24th day of January, 2008 JUDGMENT Ext.P5 is a judgment whereby certain directions, including as regards interest, were issued by this court. It is stated that a writ appeal has been preferred by the respondents against Ext.P5 judgment. It appears that they have either not moved it for consideration or has not obtained any favourable orders, atleast interlocutory. As of now, petitioner has remitted an amount of Rs. 50,000/- following the interim order dated 12/10/2007. 2. Having regard to the amount involved in the impugned recovery, it is directed that if the petitioner remits another amount of Rs. 25,000/- ( Rupees twenty five thousand) within two weeks from now, the competent among the respondents will issue a statement in terms of Ext.P5 judgment giving credit to the remittances including the amounts, paid after the institution of this writ petition. Following receipt of such statement, the petitioner shall remit the balance amount in three equal monthly WPC.No.31348/07 2 instalments. Needless to say it will also carry interest and other incidentals and shall also be subject to any direction, order or judgment in the writ appeal filed by the respondents against Ext.P5 judgment and the parties would then stand regulated by the terms of that judgment. If remittances are made in the aforesaid manner, recovery proceedings against the petitioner would stand withdrawn. If the entire remittances as demanded is made and necessary remittances are paid towards reconnection and other incidentals, the competent among the respondents shall consider the request of the petitioner for re-connection. THOTTATHIL.B.RADHAKRISHNAN JUDGE sv.