IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 19220 of 2009(V) -------------------------- PETITIONER(S): ------------------ V.A.DAVID, S/O.ABRAHAM, AGED 62 YEARS, VADAKKOOD HOUSE, C.S.I.COMPOUND, ALUVA-1. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): ------------------- THE EXECUTIVE ENGINEER, TOWN MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, ALUVA. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 19220 OF 2009 (V) ===================== Dated this the 9th day of July, 2009 J U D G M E N T Petitioner submits that he was availing of electrical energy with consumer No.11239, a three phase connection under LT IV tariff. Following certain ailments suffered by the petitioner, it is stated that the workshop was closed in January, 2008 and the supply was also disconnected. However, by Exts.P1 to P4, fixed charges were demanded and according to the petitioner, the amount was not payable and therefore was not paid. 2. Finally, when the petitioner recovered from his ailments, he made Ext.P5 application to the respondent to restore power supply. It is stated that thereupon he was asked to clear the arrears and apply for a new connection. It is in these circumstances, the writ petition is filed. 3. Petitioner disputes the liability to pay the amount claimed by Exts.P1 to P4. However, counsel for the Board refers to Clause 33(7) of the Kerala State Electricity Board Terms and Conditions of Supply 2005 and Regulation 41(5) of the said regulations. A reading of these provisions show that the Board is WPC 19220/09 :2 : entitled to levy fixed/minimum charges applicable to the consumer during period of disconnection and that if supply is to be resumed, the resumption shall only be as a new connection. If so, both Exts.P1 to P4 and the stand of the Board that the petitioner should apply for a new connection cannot be faulted. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp