IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 31098 of 2001(B)
1. VINNY VARGHESE
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.V.RAJENDRAN (PERUMBAVOOR)
For Respondent :SRI.N.D.PREMACHANDRAN, SC, KSEB
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :11/12/2007
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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O.P. No. 31098 of 2001
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Dated, this the 11th day of December, 2007
J U D G M E N T
Heard learned counsel for the petitioner and learned standing
counsel for Kerala State Electricity Board.
2. Petitioner is challenging recovery proceedings initiated
against his late father for recovery of arrears of electricity dues.
This Court found that arrears are accumulated only because KSEB
allowed use of power to a chronic defaulter. Even though,
connection given for construction purposes was in the name of
petitioner’s father, the contract in his favour was cancelled and
therefore, subsequent contractor, additional 6th respondent
impleaded herein, executed the work. The connection was
obviously used by the additional 6th respondent and KSEB officials
allowed him to use the connection continuously, even though no
monthly bills were paid. This Court vide interim order dated
02/04/2002 directed the KSE Board to identify the officials involved.
In the statement filed by the KSEB, it is stated that those who are
responsible had already retired. This is yet another case of
mismanagement of the affairs of the KSE Board by its own officials.
O.P.NO. 31098/2001
-2-
Therefore, consequences should be born by the Board itself.
Accordingly, this original petition is allowed quashing the demand
against the petitioner.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg
