P.N. Ajayan vs Assistant Executive Engineer
2023 Latest Caselaw 3433 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
    THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                  &
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                        WA NO. 574 OF 2023
   AGAINST THE ORDER/JUDGMENT IN WP(C) 26357/2015 OF HIGH
                         COURT OF KERALA
APPELLANT/PETITIONER:

            P.N. AJAYAN, AGED 57 YEARS
            SON OF P.N. NARAYANAN,
            PARAKKAT HOUSE KALADY P.O.,
            ERNAKULAM DISTRICT, PIN - 683542
            BY ADVS.
            ISAC T.PAUL
            JOHN NELLIMALA SARAI

RESPONDENTS:

    1       ASSISTANT EXECUTIVE ENGINEER
            KERALA STATE ELECTRICITY BOARD LTD.
            KALADY,            PIN - 68374
    2       EXECUTIVE ENGINEER
            KERALA STATE ELECTRICITY BOARD LTD.
            KALADY, PIN - 683574
    3       ASSISTANT ENGINEER
            ELECTRICAL SECTION
            KERALA STATE ELECTRICITY BOARD LTD.
            KALADY, PIN - 683574
    4       KERALA STATE ELECTRICITY BOARD LTD.
            VYDYUTHI BHAVAN, PATTOM,
            THIRUVANANTHAPURAM, PIN - 695004
            BY SHRI.B.PREMOD, SC, KERALA STATE ELECTRICITY
            BOARD


     THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.574 of 2023
                                              :2:




                     A.K. JAYASANKARAN NAMBIAR
                                              &
                          MOHAMMED NIAS C.P., JJ
                     ......................................................
                                WA No.574 of 2023
                 .................................................................
                 Dated this the 24th day of March, 2023


                                       JUDGMENT

Mohammed Nias.C.P.J

The writ appeal is filed against the judgment of the learned single

in WP(C)No.26357 of 2015, that dismissed the writ petition preferred by

the appellant. The appellant had challenged the demand raised by the

Electricity Board on the ground that it was made beyond the period of

limitation. The learned Single judge relying on the judgment in Jaisy

Chacko v. Kerala State Electricity Board, Thiruvananthapuram

[ 2021 (3) KHC 19] and referring to the provisions of Section 56 of the

Electricity Act, 2003, found the demand to be justified, and dismissed the

writ petition.

2. In the writ appeal, although various grounds are raised

against the judgment, the learned counsel for the appellant ultimately

seeks only some time to pay the amount of Rs.1,85,835/- in monthly

instalments.

3. We find the request of the learned counsel to be reasonable WA No.574 of 2023

and we permit the appellant to pay off the abovesaid amount in ten equal

successive monthly inatalments commencing from 17.4.2023. It is made

clear that if the appellant occasions a single default, he will lose the

benefit of this judgment and the entire amount will then became payable

to the respondent with immediate effect.

Writ appeal is disposed of as above.

                                 Sd/-      A.K. JAYASANKARAN NAMBIAR,

                                                        JUDGE




                                            Sd/-   MOHAMMED NIAS C.P.
                                                       JUDGE

dlk/24.3.2023