IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 23025 of 2005(N) -------------------------- PETITIONER: ------------ SHAMSUDEEN E.S., AGED 75, S/O.SAITHU MUHAMMED KUNJU, DY.S.P.(RTED), ELAMKULAM PUTHEN VEEDU, PRASANTH NAGAR, ULOOR, THIRUVANANTHAPURAM. BY ADV. SRI.VAZHUTHACAUD R.NARENDRAN NAIR SRI.R.T.PRADEEP RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE BOARD MEMBER, DISTRIBUTION, KERALA STATE ELECTRICITY BOARD, POWER HOUSE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PUTHENCHANDI. 4. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 5. THE DEPUTY COLLECTOR(RR), COLLECTORATE, THIRUVANANTHAPURAM. 6. THE TAHSILDAR, THIRUVANANTHAPURAM. 7. THE DEPUTY TAHSILDAR (RR), THIRUVANANTHAPURAM. 8. M.SAIFUDEEN, S/O.MUHAMMADALI, RESIDING AT SAINA HOUSE, BURMA ROAD, KUMARAPURAM, THIRUVANANTHAPURAM. R4 TO R7 BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF DEMAND NOTICE DT.11.7.2005. P2: TRUE COPY OF SALE DEED NO.1089/1979 DT.19.3.79 IN THE NAME OF R8. P3: TRUE COPY OF OWNERSHIP CERTIFICATE DT.21.2.2003. P4: TRUE COPY OF REPRESENTATION DT.23.7.2005 BEFORE R2. RESPONDENT'S EXHIBITS: R3(a): TRUE COPY OF RELEVANT PORTION OF CONSUMERS PERSONAL DEPOSIT REGISTER. R3(b): TRUE COPY OF RELEVANT PORTION OF SERVICE CONNECTION REGISTER WHEREIN CONSUMER NO.6430 IS MENTIONED. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.23025 of 2005 .................................................................... Dated this the 6th day of June, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of electricity charges on the ground that his son-in-law is the consumer. However, KSEB has produced Ext.R3(a) along with counter affidavit which clearly shows that petitioner has taken connection in his personal name and recovery pertains to the arrears payable under the same consumer number i.e.6430. It is for the petitioner to settle his dispute with son-in-law elsewhere. Even though recovery can be continued against the petitioner as the petitioner is the consumer on record, it is not known on what basis KSEB granted connection to the new building in the defaulted premises. If connection is granted to the defaulted premises without clearing the arrears, KSEB will proceed to disconnect supply in the new premises unless arrears are paid. The W.P. is devoid of any merit and is dismissed. C.N.RAMACHANDRAN NAIR Judge pms