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. 405 of 2010 ( ) ==================== (AGAINST JUDGMENT DATED 29/06/2009 IN WP(C)NO.8278 OF 2008) ---------------------------- APPELLANT(S)/IST RESPONDENT =========================== 1. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B, MAVUNGAL, KANHANGAD, KASARAGOD. BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE ADV.SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S)/PETITIONER ========================== 1. A.MUHAMMED KUNHI, S/O.T.K.ADRU, PARAPPALLY BELOOR VILLAGE, P.O.PULLOOR HOSDURG TALUK KASARAGOD DISTRICT, POWER OF ATTORNEY HOLDER OF T.K.ABDULRAHIMAN, S/O.T.KHADER, MOONNAM MILE, AMBALATHARA.P.O., PULLOOR HOSDURG TALUK , KASARAGOD DISTRICT. 2. KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM, REP.BY BRANCH MANAGER,BRANCH OFFICE, M.G.ROAD KASARAGOD. R2 BY ADV. SRI.R.S.KALKURA,SC,KFC SRI.T.K.VIPINDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14-12-2011 ,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts W.A.NO.405/2010 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE K.S.E.R.C'S COMMUNICATION NO. KSERC/T.C OF SUPPLY AMENDMENTS/2006/183 DATED 27/02/2006. ANNEX A2 COPY OF K.S.E.BOARD'S COMMUNICATION, NO..KSEB/TRAC/SCODE/05/R2/83 DATED 08/02/2006. ANNEX A3 COPY OF THE K.S.E.R.C'S PROCEEDINGS NO.KSERC/SUPPLY CODE/2/140/2006 DATED 27/02/2006. ANNEX A4 COPY OF THE K.S.E.R.C'S COMMUNICATION NO. KSERC/III/SUPPLY CODE FOURTH AMENDMENT/2008 DATED 09/07/2008. ANNEX A5 COPY OF THE K.S.E.R.C'S COMMUNICATION NO. KSERC/T&C OF SUPPLY/2006/575 DATED 10/08/2006. ANNEX A6 COPY OF THE K.S.E.R.C'S COMMUNICATION NO. KSERC/SUPPLY CODE 2ND AMENDMENT/638 DATED 22/08/2008. ANNEX A7 COPY OF THE K.S.E.BOARD'S COMMUNICATIONS TO K.S.E.R.C NO. KSEB/TRAC/S.CODE/R2/666 DATED 17/09/2008. ANNEX A8 COPY OF THE AMENDMENTS TO THE SUPPLY CODE, TOGETHER WITH THE COVERING LETTER NO. KSERC/TTT/SUPPLY CODE 5TH AMENDMENT/2008/820 DATED 24/10/2008. ANNEX A9 COPY OF THE COMMUNICATION FROM THE K.S.E.R.C UNDER NO. KSERC/TTT/SUPPLY CODE/2009/198 DATED 28/02/2009. ANNEX A10 COPY OF THE K.S.E.BOARD'S COMMUNICATION NO. KSEB/TRAC/S.CODE/05/R2/08/194 DATED 23/03/2009. ANNEX 11 COPY OF THE K.S.E.R.C'S COMMUNICATION NO. KSERC/TTT/SUPPLY CODE/2009/287 DATED 28/03/2009. ANNEX A12 COPY OF THE JUDGMENT DATED 20/07/2009 IN WP(C)NO.19778 OF 2009 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.N. RAMACHANDRAN NAIR & K. VINOD CHANDRAN,JJ ============================== W.A. NO.405 of 2010 ============================ 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 new industrial premises from the Kerala Financial Corporation 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., W.A. 405/20010 2 we directed 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 W.A. 405/20010 3