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2026 Supreme(Online)(Ker) 16726
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
VIGITH P R – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 11613 OF 2024
For the Appellants/Petitioners: SRI.JITHIN BABU, SHRI.ARUN SAMUEL
For the Respondents: SRI. B. PREMOD, SRI. P.S. APPU
Failure to contest earlier recovery notices precludes relief in writ petitions.
Headnote:This writ petition was filed challenging revenue recovery notices under the Kerala Revenue Recovery Act for pole rent charges. The petitioner disputed the liability but failed to challenge earlier notices or pay dues. The court found no grounds for relief and dismissed the petition. The pertinent issue was whether prior notices had been contested, leading to the refusal of relief. The court noted the lack of response to demands as vital and upheld the decision to dismiss the writ. The petition was therefore dismissed.
| Table of Content |
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| 1. challenge to recovery notices and liability. (Para 1) |
| 2. failure to respond to demands leads to dismissal. (Para 2) |
JUDGMENT
The writ petitioner challenges Exts. P3 and P4 revenue recovery notices for recovering an amount of Rs. 4,99,770/- (Rupees four lakhs ninety nine thousand seven hundred and seventy only) towards the pole rent charges payable to the Kerala State Electricity Board. Though the petitioner disputes the liability, the Board has produced Annexures R6(b) to R6(m) notices issued to the petitioner demanding the pole rent charges and directing the petitioner to settle the dues.
2. In the absence of a challenge to the notices demanding the pole rent charges from the petitioner till it was dismantled in October 2022 for having used 524 KSEB poles for carrying on the cable TV network, and since the petitioner had admittedly not paid the amounts demanded or taken any steps to challenge the same, no relief can be granted in this writ petition.
The writ petition fails and is accordingly dismissed.
Sd/-
