C.K. ABDUL REHIM, J.

1. Challenge in both these writ petitions are against the revenue recovery steps initiated for realising arrears of electricity charges due to the Kerala State Electricity Board (KSEB). In W.P. (c) No. 28558/2013 there is also challenge against the validity of Section 71 of the Kerala Revenue Recovery Act, 1968 (KRR Act for short). In W.P (c) No. 17300/2013 challenge is raised on the ground of bar under Section 56(2) of the Electricity Act, 2003.

2. Eventhough this court is not prima facie satisfied to entertain challenge on the question of validity of Section 71 of the KRR Act or on the challenge based on Section 56(2) of the Electricity Act, there is a common issue involved as to whether the revenue recovery can be initiated after expiry of the period of limitation prescribed under the Limitation Act, 1963.

3. The petitioners placed reliance on the decision of the Hon'ble Supreme Court in State of Kerala and Ors Vs. V.R. Kalliyanikutty and Anr, AIR 1999 SC 1305. Based on the dictum that provisions contained in KRR Act do not create any new right but only provides a process of speedy recovery, it is contended that KSEB cannot recover any amount which they