IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1988 of 2008()
1. ANI.S.
... Petitioner
Vs
1. THE K.S.E.B & OTHERS
... Respondent
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :30/09/2008
O R D E R
H.L.DATTU, C.J. & THOMAS P.JOSEPH, J.
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W.A.No.1988 of 2008
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Dated, this the 30th day of September, 2008
JUDGMENT
H.L.Dattu, C.J.
This writ appeal is directed against the interim order
passed by the learned Single Judge in W.P.(C) No.27179/2008 dated
19.9.2008.
2. The learned Single Judge, while entertaining the writ
petition has passed the following interim order:
” Standing Counsel takes notice. There will be an
interim stay of Exhibit P3 on condition that the
petitioner pays the amount covered by Exhibit P3 in five
equal monthly instalments. The first instalment shall be
paid on or before 3.10.2008 and the subsequent
instalments shall be paid on or before the Ist working
day of every succeeding month. The payment will be
provisional and subject to the result of the Writ
Petition.”
3. Aggrieved by the said order, the petitioner in the writ
petition has presented this writ appeal.
4. Sri.M.V.Thamban, learned counsel appearing for the
appellant, may be knowing the mind of the Court, would only request
us to permit the appellant to pay the first instalment as directed by the
learned Single Judge on 4.11.2008 and the subsequent instalments on
W.A.No.1988/2008 -2-
or before the Ist working day of every succeeding months.
5. In our view, the request of the learned counsel for the
appellant appears to be reasonable, and if it is granted, it would not
prejudice the case of the respondents/ Kerala State Electricity Board in
any manner whatsoever. Accordingly, we pass the following:
Order
i). The writ appeal is disposed of.
ii). The appellant is permitted to pay the first instalment as
directed by the learned Single Judge on or before 4.11.2008 and the
subsequent instalments on or before the Ist working day of the
succeeding months.
iii). Any amounts that is deposited by the appellant
pursuant to the orders passed by the learned Single Judge and by us is
subject to the final result of the writ petition.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(THOMAS P.JOSEPH)
JUDGE
MS