IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 33477 of 2007(I)
1. ABDUL KHADER.V.M., S/O.MUHAMMAD RAWTHER,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. ASSISTANT ENGINEER, K.S.E.B.,
3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY),
For Petitioner :SRI.DILIP J. AKKARA
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :13/12/2007
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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WP(C) No. 33477 of 2007
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Dated, this the 13th day of December, 2007
J U D G M E N T
Petitioner is challenging recovery proceedings for recovery of
electricity dues due from one Ms.Daisy Mary Flora, who was a
tenant in petitioner’s shed in the coconut garden. Petitioner’s case
is that petitioner is neither a subscriber nor a guarantor for payment
of electricity dues. KSE Board has also no case to the contrary. On
the other hand, learned standing counsel for the KSEB submits that
petitioner had executed a consent agreement for giving connection
to the tenant. The consent agreement itself does not involve any
commitment for payment by the petitioner. Therefore, recovery
has to be made from the consumer. This writ petition is,
accordingly, allowed directing respondents to trace the consumer
and disconnect domestic supply of such consumer and effect
recovery through coercive steps, failing which recovery can be
made from the concerned KSE Board officials, who gave connection
without collecting security and without knowing the whereabouts of
the consumer.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg