IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DAY OF DECEMBER 2011/23RD AGRAHAYANA 1933 WA.No. 1377 of 2011 ( ) =================== AGAINST THE JUDGMENT IN WPC.7105/2011 DATED 28-03-2011 ................ APPELLANT(S)/RESPONDENTS =========================== 1. SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD TRIVANDRUM-695004. 2. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY,VAIDYUTHI BHAVAN THIRUVANANTHAPURAM-695004. 3.THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD BEYPORE SECTION, BEYPORE P.O. KOZHIKODE-673015. 4. EXECUTIVE ENGINEER, ELECTRICAL DIVISION FEROKE, KERALA STATE ELECTRICITY BOARD P.O.NALLALAM, KOZHIKODE-673027. BY ADV.SRI.P.SANTHALINGAM (SR.) SRI.K.M.SATHYANATHA MENON,SC,KSEB RESPONDENT(S)/PETITIONER ======================== MEHABOOB, S/O.MOIDEEN, AYAMANNIL HOUSE, P.O.PAYYOLO, KOYILANDY, KOZHIKODE DISTRICT REP. BY HIS AUTHORISED POWER OF ATTORNEY HOLDER N.BEERANKOYA, AGED 55 YEARS S/O.SAIDALI, 'AYISHAS',THATTARAKANDY PARAMBA MATHOTTAM P.O., ARAKINAR, KOZHIKODE 673 023. BY ADV. SRI.P.V.KUNHIKRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.N. RAMACHANDRAN NAIR & K. VINOD CHANDRAN,JJ ============================== W.A. NO.1377 of 2011 ============================ Dated this the 14th day of December 2011 JUDGMENT C.N.Ramachandran Nair, J. The writ appeal is filed by the Kerala State Electricity Board challenging the judgment of the learned single Judge declaring entitlement of the first respondent for electricity connection without clearing the arrears due from the previous owner of the property. 2. The first respondent purchased property from the successful bidder in an auction conducted by the Recovery officer, D.R.T.Cochin and when he applied for electricity connection, the Kerala State Electricity Board took the stand that the previous owner is in arrears of electricity dues. There is nothing in the Electricity Act creating charge on the premises making the purchaser liable. The Electricity Supply Code also provides, in Cause 12, for the recovery from the previous owner, viz. Defaulter, and not from the purchaser. Even though in Writ Appeal No. 2114/2009 filed by the K.S.E.B., we directed WA 1377/2011 2 the Regulatory Commission to consider whether a provision could be made under the Supply Code to safeguard the interest of the K.S.E.B. to recover arrears in respect of defaulted premises being sold, such provision, if made, cannot have retrospective effect. So much so we find no merit in the Writ appeal. We accordingly dismiss the Writ appeal. However the K.S.E.B.enjoys powers under Section 56 of the electricity Act to proceed for disconnection of other connections of the defaulters including domestic connection; irrespective of the said connections having no dues. The K.S.E.B. is free to resort to proceed under Section 56 of the Electricity Act against the defaulter to facilitate recovery. Sd/- C.N.RAMACHANDRAN NAIR JUDGE Sd/- K. VINOD CHANDRAN JUDGE ks. True copy P.s.to Judge WA 1377/2011 3