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ASWINI HOSPITAL (P) LTD.,KARUNAKARAN versus THE CORPORATION OF THRISSUR,REPRESENTED

High Court of Kerala

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ASWINI HOSPITAL (P) LTD.,KARUNAKARAN v. THE CORPORATION OF THRISSUR,REPRESENTED - OP No. 1742 of 2002(G) [2007] RD-KL 676 (10 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 1742 of 2002(G)

1. ASWINI HOSPITAL (P) LTD.,KARUNAKARAN
... Petitioner

Vs

1. THE CORPORATION OF THRISSUR,REPRESENTED
... Respondent

2. THE ASSISTANT SECRETARY,ELECTRICAL

For Petitioner :SRI.N.P.SAMUEL

For Respondent :SRI.K.P.VIJAYAN

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :10/01/2007

O R D E R

S. SIRI JAGAN, J.

```````````````````````````````````````````````````` O.P. No. 1742 OF 2002 G ````````````````````````````````````````````````````

Dated this the 10th day of January, 2007



J U D G M E N T

Heard learned counsel for the petitioner as also the learned counsel for the 1st respondent-Corporation of Thrissur. I have also perused the counter affidavit submitted by the 1st respondent in support of their case.

2. This original petition was originally filed seeking high tension electric connection in accordance with the directions in an earlier judgment of this court in OP.No.35913/01. However, when the matter was taken up for hearing today, the learned counsel for the petitioner submits that subsequent to filing of the original petition, connection was actually been given. But a counter affidavit has been filed stating that huge arrears are due from the petitioner as electricity charges, which the petitioner strongly disputes. Now the petitioner submits that Ext.P20 statement given to him by the Corporation showing the balance payable as Rs.5,44,118.76 itself is not correct at all. According to him, there is no arrears due towards electricity charges since the petitioner had been remitting all amounts in time. It is also submitted before me that as per an interim direction of this court, the petitioner has already deposited OP.1742/02 2 Rs.5 lakhs pending resolution of the dispute regarding the arrears. However, the petitioner now submits that the resolution itself would require evidence oral or documentary including summoning of statements from the banks regarding payments made by the petitioner, which can only be done in a civil suit. Therefore, the petitioner seeks closing of the writ petition without prejudice to his right to file a suit for resolving the issue involved. Accordingly, the original petition is closed without prejudice to the right of the petitioner to file a suit in the matter to redress his grievances. If the petitioner files the suit within two months from today, further proceedings regarding coercive recovery of arrears shall be kept in abeyance for a period of two months within which time the petitioner shall also move for interim orders from the civil court in that regard. This would be without prejudice to any contentions which may be available to the respondents herein in that suit including plea of limitation, if available.

(S. SIRI JAGAN, JUDGE)

aks

S. SIRI JAGAN , J.

OP No.1742/02 G

J U D G M E N T

10th January, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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