LAWS(KER)-2011-3-437

MARIAPURAM GRAMA PANCHAYATH Vs. STATE OF KERALA,

Decided On March 04, 2011
Mariapuram Grama Panchayath Appellant
V/S
STATE OF KERALA, Respondents

JUDGEMENT

(1.) Petitioner, Mariyapuram grama panchayat, has approached this Court challenging the proceedings initiated by the Respondents for realizing the due to the Board.

(2.) The facts of the case are that the 3rd Respondent issued Ext.P1 arrear bill requiring the Petitioner to remit an amount of Rs. 34,291/- plus interest towards the charges due for supply of electrical energy to consumer No. 2702. Petitioner submits that on receipt of Ext.P1, President of the Panchayat submitted Ext.P2 reply requesting the third Respondent to furnish details regarding the amount demanded in Ext.P1 and that the details were not given.

(3.) Subsequently, the panchayat passed Exts.P4 and P5 resolutions. In Ext.P4 panchayat resolved to request the authorities to relieve from its liability to pay the amount demanded in Ext.P1. In Ext.P5 resolution panchayat requested the third Respondent that an amount of Rs. 42,788/- deposited by it towards security deposit for providing street lights under Janamythri scheme is lying in deposit un-utilized and that the same should be adjusted towards the amount demand by Ext.P1. It is stated that due to its financial constraints panchayat submitted Ext.P6 and P7 representations to the Ministers and that by Ext.P8 Government order also sought for details from the panchayat.