IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32325 of 2009(I)
1. JOSHY, AGED 33, S/O. PAULOSE,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. EXECUTIVE ENGINEER,
3. SUB ENGINEER, ELECTRICAL SECTION,
4. STATE BANK OF INDIA,
5. O.S. ABRAHAM, S/O. DEVASSY,
For Petitioner :SRI.V.RAJENDRAN (PERUMBAVOOR)
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :24/11/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.32325 of 2009
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Dated this the 24th day of November, 2009
J U D G M E N T
The petitioner and his wife jointly purchased certain properties,
by Ext.P2 sale deed. The petitioner filed an application for electricity
connection to the petitioner’s building. The same was not allowed on
the ground that the previous owner of the property is in arrears of
electricity charges to the Kerala State Electricity Board, which has to
be cleared before the application can be considered. It is under the
above circumstances, the petitioner has approached this Court seeking
the following reliefs:
“i. To issue a writ of mandamus or any other appropriate writ order or
direction, directing respondents 1 to 3 to give a new electric
connection to the building in the property of the petitioner and his
wife covered by Exhibit P2 title deed within a time limit.
ii. to grant such other reliefs which this Hon’ble Court deems fit and
proper in the circumstances of the case.”
2. The learned standing counsel for the Electricity Board
submits that the attempt of the Board to recover the arrears from the
original owner has not succeeded, since the original owner has moved
out of the District. According to the standing counsel, the Board has no
other means to recover the arrears except to insist on the transferee
to make good the arrears as a condition for granting new electricity
connection.
2
3. I have considered the rival contentions in detail.
4. It is an admitted fact that as per Clause 12 of the Kerala
Electricity Supply Code, 2005, and Regulation 7 of the Conditions of
Supply of Electrical Energy, for new electricity connection the Board
cannot insist on the present owner paying the arrears of electricity
charges due from the previous owner. That being so, the respondents
cannot make payment of arrears of electricity charges due from the
previous owner as a condition for granting fresh electricity connection
to the present owner. In the above circumstances, this writ petition is
disposed of with a direction to respondents 2 and 3 to give electricity
connection to the petitioner without insisting on the petitioner paying
arrears of electricity charges due from the previous owner, provided
the petitioner has complied with all other statutory conditions for the
same, within a period of one month from the date of receipt of a
certified copy of this judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge