Bindu Unnikrishnan vs The General Manager on 9 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1640 of 2007(D)


1. BINDU UNNIKRISHNAN,KOCHALAKKAL HOUSE,
                      ...  Petitioner

                        Vs



1. THE GENERAL MANAGER, BHARATH SANCHAR
                       ...       Respondent

2. THE ACCOUNTS OFFICER (OSP)

3. THE CHIEF ACCOUNTS OFFICER (TROSP)

4. THE DUPUTY TAHASILDAR (R.R) KOTTAYAM.

5. THE VILLAGE OFFICER, ETTUMANOOR VILLAGE

                For Petitioner  :SRI.SANTHAN V.NAIR

                For Respondent  :SRI.MATHEWS K.PHILIP,SC, BSNL

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/08/2007

 O R D E R
                        H.L. DATTU, C.J. & K.T. SANKARAN, J.
               ...................................................................................
                                    W.A. No. 1640 OF 2007
               ...................................................................................
                              Dated this the 9th August, 2007


                                           J U D G M E N T

H.L. Dattu, C.J.:

This Writ Appeal arises out of the order passed by the learned single

Judge in W.P.(C) No. 31727 of 2005 dated 18.01.2006.

2. The appellant/petitioner in this Writ Appeal pleads her financial

inability to comply with the orders and directions issued by this Court.

Therefore she/appellant is requesting us to grant her the facility of easy

instalments to pay off the entire arrears due to the respondents. An affidavit

in this regard is also filed by the appellant.

3. Paragraph ‘4’ of the affidavit reads as under:

“This appellant is ready to pay the balance amount in monthly

instalments of Rs.5000/- each till the whole liability is

discharged. This appellant hereby undertakes to pay the

instalment without any break”.

4. Taking into consideration the financial inability pleaded by the

appellant/petitioner, in our opinion, if we modify the orders passed by the

learned single Judge and grant some relief to the appellant/petitioner, no

injustice would be caused to the respondents. Accordingly, the following:

O R D E R

i) Writ Appeal is disposed of.

W.A. No. 1640 OF 2007

2

ii) The appellant/petitioner will now pay, monthly instalment of

Rs.5,000/- (Rupees five thousand only) each, till the entire liability is

discharged.

iii) If for any reason, the appellant/petitioner commits any default in

payment of the monthly instalment, as ordered by this court, the respondents

are at liberty to initiate such proceedings to recover the entire amount due

from the appellant/petitioner.

iv) With these observations and directions, the Writ Appeal is

disposed of.

Ordered accordingly.

H.L. DATTU,
CHIEF JUSTICE.

K.T. SANKARAN,
JUDGE.

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