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. 2383 of 2009 ================ AGAINST THE ORDER/JUDGMENT IN WPC.9006/2009 DATED 11-06-2009 APPELLANT(S)/RESPONDENTS 1 AND 2 ================================ 1. THE ASST.ENGINEER,ELECTRICAL SECTION, KSEB, VENNIYOOR MALAPPURAM DIST.676 508. 2. THE EXECUTIVE ENGINEER,KSEB, THIRURANGADI MALAPPURAM DISTRICT. BY ADVS SR. SRI. P SANTHALINGAM SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S)/PETITIONER AND 3RD RESPONDENT =========================================== 1. E.P.ABDULLAH,S/O.E.P.C.MOHAMMED MUSSALIAR AGED 44 YEARS ERAPARAMBAN CHERUMUKKU.PO THIRURANGADI VIA MALAPPURAM DIST. 2. KERALA STATE ELECTRICITY REGULATORY COMMISSION KPFC BHAVAN C.V.RAMAN PILLAI ROAD VELLAYAMBALAM THIRUVANANTHAPURAM-685 010. R1 BY ADV.SMT.SREEDEVI KYLASANATH,SC,KSER COMMN. R2 BY ADV.SRI. ANEESH JAMES, SC,KERALA STATE ELECTRICITY REGULATORY COMMISSION THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LSN WA.No. 2383 of 2009 ANNEXURE PETITIONERS ANNEXURE: A1: COPY OF THE 2ND RESPONDENT'S COMMUNICATION NO. KSERC/T&C OF SUPPLY AMENDMENTS/2006/183 DATED 27.02.2006. A2: COPY OF THE 1ST APPELLANT'S COMMUNICATION NO.KSEB/TRAC/S- CODE/05/R2/83 DATED 08.02.2006. A3: COPY OF THE 2ND RESPONDENT'S PROCEEDINGS NO.KSERC/SUPPLY CODE/2/140/2006 DATED 27.02.2006. A4: COPY OF 2ND RESPONDENT'S COMMUNICATION NO. KSERC/III/SUPPLY CODE FOURTH AMENDMENT/2008 DATED 09.07.2008. A5: COPY OF 2ND RESPONDENT'S COMMUNICATION NO.KSERC/T&C OF SUPPLY/2006/575 DATED 10.08.2006. A6: COPY OF THE 2ND RESPONDENT'S COMMUNICATION NO. KSERC/SUPPLY CODE 2ND AMENDMENT/638 DATED 22.08.2008. A7: COPY OF THE 1ST APPELLANT'S COMMUNICAITONS TO THE 2ND RESPONDENT UNDER NO. KSEB/TRAC/S.CODE/R2/666 DATED 17.09.2008 A8: COPY OF THE AMENDMENTS TO THE SUPPLY CODE, TOGETHER WITH THE COVERING LETTER NO KSETC/III/SUPPLY CODE 2ND AMENDMENT/2008/820 DATED 24.10.2008. A9: COPY OF COMMUNICATION FROM THE 2ND RESPONDENT UNDER NO. KSERC/III/SUPPLY CODE/2009/198 DATED 28.02.2009. A10: COPY OF THE 1ST APPLELLANT'S COMMUNICATION NO. KSERC/TRAC/S CODE/05/R2/08/194 DATED 23.03.2009. A11: COPY OF 2ND RESPONDENT'S COMMUNICATION NO. KSERC/III/SUPPLY CODE/2009/287 DATED 28.03.2009. A12: COPY OF THE JUDGEMENT DATED 11.06.2009 IN WPC 9006 OF 2009 (U). RESPONDENTS ANNEXURE: NIL //TRUE COPY// P.A. TO JUDGE LSN C.N. RAMACHANDRAN NAIR & K. VINOD CHANDRAN,JJ ============================== W.A. NO. 2383 OF 2009 ============================ Dated this the 14th day of December 2011 JUDGMENT C.N.Ramachandran Nair, J. The first respondent after purchasing the landed property from another person constructed a house building therein and applied for electricity connection, which was declined by the Kerala State Electricity Board for the reasons that the previous owner of the property is in arrears of electricity dues. The first respondent has a case that the building in the first respondent's property was built by him and that the connection is denied to him by reason of default committed by another man owning property in the same Re-survey number as that of the first respondent. Admittedly, there is no provision in the Electricity Act, 2003 or in the Supply Code or in the Conditions of Supply creating charge on the property for the electricity dues. Even though, we have in W.A.No.2114/2009 directed State Regulatory WA. 2383/2009 2 Commission to consider the amendment of the Supply Code to make a provision to safeguard the interest of the Kerala State Electricity Board for recovering arrears in respect of defaulted premises at the time of sale ; any such provision if made will not stand in the way of the first respondent getting electricity connection. The arrears, therefore, in this case has to be recovered from the defaulter. We have in the judgment referred above in W.A. No.2114/2009 held that K.S.E.B. enjoys power under Section 56 of the Electricity Act to disconnect the supply given to the defaulter even in the residential house of the defaulter, which provision, if available, can be resorted to by the K.S.E.B. to facilitate recovery from the defaulter. The Writ appeal, therefore, fails and it is accordingly dismissed with the above observations. Sd/- C.N.RAMACHANDRAN NAIR JUDGE Sd/- K. VINOD CHANDRAN JUDGE ks. True copy P.S.To Judge WA. 2383/2009 3