IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 29475 of 2005(H) --------------------------------------- PETITIONER(S): --------------- 1. PALODE PAPER MILLS (P) LTD., REPRESENTED BY ITS MANAGING DIRECTOR, JOSEPH THOMAS, P.B.NO. 1236, CHALAKUZHY BUILDINGS, PEROORKADA, TRIVANDRUM. 2. JOSEPH THOMAS, MANAGING DIRECTOR, PALODE PAPER MILLS (P) LTD., P.B.NO. 1236, CHALAKUZHY BUILDINGS, PEROORKADA, TRIVANDRUM. BY ADV. SRI.SUDHEESH KUMAR SRI.SUNIL KUMAR.A.G. SMT.B.S.SEEMA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE BOARD OF INDUSTRIAL AND FINANCIAL RECONSTRUCTION, DEPARTMENT OF ECONOMIC AFFAIRS, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, JAWAHAR VYAPAR BHAWAN I, TOLSTOY MARG, NEW DELHI-110 001. ADV. SRI.P.M.POULOSE, ADDL.CGSC FOR R4 SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R2,R3 GOVERNMENT PLEADER SMT. BINDU-R1 P. PARAMESWARAN NAIR, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.29475 OF 2005 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the Recovery Notice No.QSO/S.9/08/FT/05 NoKFC/BO/TVM/120194510 Dated 20.7.2004. Ext.P2: True copy of the letter NO.KFC/BO/TVM/R&R/6259 dated 20.9.04. Ext.P3: True copy of the letter DGM/T/C&I dated 23.9.2004. Ext.P4: True copy of the letter No.F3(P10)/BC/2004 dated 28.10.04 issued by the Board of Industrial and Financial Re-construction. Ext.P5: True copy of the interim order in W.P.C No.17239/04 dated 10.06.04 Ext.P6 series: True copy of the judgment of this Hon'ble court in W.P.C No.15267/04, 17239/04 and 7308/04 dated 10.1.2005. Ext.P7: True copy of the order HTB 21/3379/04-05 dated 27.1.05. Ext.P8: True copy of the letter sent by the Petitioner on 29.01.05 to the 3rd respondent. Ext.P9: True copy of the notice dated 30.09.05. Ext.P10: True copy of the representation filed by the 2nd petitioner dated 08.10.05. RESPONDENT'S EXHIBITS : NIL K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 29475 OF 2005 --------------------------------------------- Dated this the 11th day of June, 2009 JUDGMENT Balakrishnan Nair, J. This Writ Petition was posted before the Division Bench on reference made by the learned Single Judge of this Court. When the case was taken up for hearing, the learned counsel for the writ petitioners submitted that the petitioners may be permitted to remit the amount covered by Ext.P9 notice in instalments. The remission granted by the Kerala State Electricity Board to similar defaulters under the schemes notified by it, if any available now, may also be extended to them, it is prayed. 2. If there is any scheme at present for granting instalment facility or remission of any amount in the collection of arrears of electricity charges, the writ petitioners may move the Kerala State Electricity Board W.P.(C) NO. 29475/2005 2 within one month from today. In that event, the competent authority of the Board may consider the request of the writ petitioners, if the same is tenable as per the Rules and orders governing the same and pass orders expeditiously. The Writ Petition is disposed of as above. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 29475/2005 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.P.(C) NO. 29475/2005 JUDGMENT 11th June, 2009 W.P.(C) NO. 29475/2005 4