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2025 DAILYLAW 5598 (KER)

CHERIAN, v. THE DEPUTY TAHSILDAR (RR),

WP(C)/12418/2025 · 2025-03-26

Gopinath P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25788 WP(C) NO. 12418 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 12418 OF 2025 PETITIONER/S: CHERIAN,AGED 52 YEARS S/O VARGHESEKUTTY, PADINJAREDATHU HOUSE, MANNATHOOR P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686667 BY ADV DOMSON J.VATTAKUZHY RESPONDENT/S: 1 THE DEPUTY TAHSILDAR (RR),MUVATTUPUZHA TALUK, MINI CIVIL STATION, MUVATTUPUZHA, PIN - 686661 2 THE VILLAGE OFFICER,THIRUMARADY VILLAGE, MUVATTUPUZHA,ERNAKULAM DISTRICT, PIN - 686662 3 THE KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM, REP. CHAIRMAN AND MANAGING DIRECTOR, PIN - 695004 4 THE ELECTRICAL DIVISION,KSEB, MUVATTUPUZHA, REPRESENTED BY EXECUTIVE ENGINEER, KSEB, MUVATTUPUZHA, PIN - 686662 SRI. SREEJITH V.S., GP, SRI. AJITH JOY, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25788 WP(C) NO. 12418 OF 2025 2 JUDGMENT Petitioner faces proceedings under the Revenue Recovery Act to recover certain amounts towards electricity dues payable to the Kerala State Electricity Board Limited (the Board). The only relief sought for by the petitioner before this Court is the opportunity to pay off the amounts (for which revenue recovery proceedings is initiated), in five monthly instalments. 2. Learned counsel appearing for the petitioner submits that a reading of the revenue recovery notice will show that the amount demanded was approximately Rs.1,36,000/- and even including interest the amount cannot be more than Rs.2 lakh as on date. 3. Heard the learned Government Pleader and the learned Standing Counsel appearing for the Board. 4. Learned Standing Counsel appearing for the Board seeks time to get instructions. However, considering the limited nature of relief sought for by the petitioner, I am of the view that, this matter need not be adjourned to enable the Standing Counsel to obtain instructions and the petitioner can be given the opportunity to pay off the amount for which revenue recovery proceedings have been initiated in some instalments. 2025:KER:25788 WP(C) NO. 12418 OF 2025 3 Accordingly, the writ petition will stand disposed of, directing as follows:- (i) The petitioner shall pay the amount (for which revenue recovery proceedings have been initiated) together with any accrued interest, charges and costs in five equal monthly instalments; (ii) The first instalment shall be paid on or before 15.04.2025 and the subsequent instalments shall be paid on or before the 15th day of each succeeding months; (iii) In the event of default of any one instalment, revenue recovery proceedings can be continued against the petitioner; (iv) At the option of the petitioner, the petitioner may pay the amounts directly to the Board in which event, the petitioner shall not be mulcted with any liability for revenue recovery charges. The Writ petition is ordered accordingly. Sd/- GOPINATH P. JUDGE ajt 2025:KER:25788 WP(C) NO. 12418 OF 2025 4 APPENDIX OF WP(C) 12418/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE RRC NO:2023 /18642/07DATED 11.12.2023 UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT Exhibit P2 TRUE COPY OF THE NOTICE RRC NO. :2023/18642/07 UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT DATED 11.12.2023