IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 W.P.(C).No. 27901 of 2007(V) -------------------------------------------- PETITIONER:- -------------------- KURIAN JOSE, MANAGING DIRECTOR, MERON BIO PRODUCT PVT. LTD, DEEPA BUILIDNG, CHULLICKAL, COCHIN. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS:- ------------------------- 1. THE SPECIAL OFFICER (REVENUE) K.S.E.B, VYDHUTHI BHAVAN THIRUVANANTHAPURAM-695 004. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN THIRUVANANTHAPURAM-695 004. 3. THE COMMISSIONER OF LAND REVENUE, GOVERNMENT OF KERALA, PUBLIC OFFICE BUILIDING, VIKAS BHAVAN P.O, OPP.MUSEUM, THIRUVANANTHAPURAM. 4. THE KERALA FINANCIAL CORPORATION REPRESENTED BY ITS SECRETARY VELLAYAMBALAM, THIRUVANANTHAPURAM. ADDL. 5. THE ASSISTANT P.F. COMMISSIONER & RECOVERY OFFICER, E.P.F.O. SUB REGIONAL OFFICE, 36/685, BHAVISHYANIDHI BHAVAN, KALOOR, COCHIN - 17. ADDL. 6. THE SALES TAX OFFICER, NORTH PARUR. ADDL. 7. THE E.S.I.CORPORATION, REPRESENTED BY THE REGIONAL DIRECTOR, SWARAJ ROUND, THRISSUR. W.P.(C).NO.27901/2007-V - 2 - ADDL.R.8. M/S.STAR REFINERIES (P) LTD., REPRESENTED BY ITS M.D., MR.SALAM ARAKAL MOHAMED, XL/4216, ST.ALBERT'S LANE, ERNAKULAM - 682 035. ADDITIONAL RESPONDENTS 5 TO 7 ARE IMPLEADED AS PER ORDER DATED 15.10.2007. ADDITIONAL RESPONDENT NO.8 IS IMPLEADED AS PER ORDER ON I.A.NO.14550 OF 2007 DATED 15.12.2011. R1 & R2 BY STANDING COUNSEL SRI.P.SANTHALINGAM (SENIOR ADVOCATE) R3 & R6 BY GOVERNMENT PLEADER SRI.GEORGE MECHERIL R4 BY STANDING COUNSEL SRI.M.M.SAYED MUHAMMED. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1,2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- WP(C).NO.27901 OF 2007-V APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------ EXT.P1 - TRUE COPY OF THE CONFIRMATION OF SALE LETTER ISSUED TO THE PETITIONER, DTD. 10.11.2003. EXT.P2 - TRUE COPY OF THE CERTIFICATE OF SALE ISSUED TO THE PETITIONER DT.17.3.2005. EXT.P3 - TRUE COPY OF JUDGMENT OF THIS COURT IN W.P.(C). NO.28379 OF 2005 DATED 5.10.2005. EXT.P4 - TRUE COPY OF LETTER SENT BY PETITIONER TO THE 3RD RESPONDENT DT.12.9.2006. EXT.P5 - TRUE COPY OF THE LETTER ISSUED BY PRINCIPAL SECRETARY, (REVENUE DEPT.), TO THE PETITIONER DT.9.4.2007. EXT.P5(a) - TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DT.29.11.2006. EXT.P6 - TRUE COPY OF LETTER FROM 1ST RESPONDENT TO THE PETITIONER DATED 10.4.2007. EXT.P7 - TRUE COPY OF THE LETTER SENT BY PETITIONER TO THE 3RD RESPONDENT, DATED 26.6.2007. EXT.P8 - TRUE COPY OF THE REPLY SENT TO THE PETITIONER BY THE 3RD RESPONDENT DATED 9.7.2007. EXT.P9 - TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 11.7.2007. EXT.P10 - TRUE COPY OF THE LETTER SENT BY PETITIONER TO THE 3RD RESPONDENT DATED 1.8.2007. EXT.P11 - TRUE COPY OF THE LETTER ISSUED BY KSEB TO THE PETITIONER DATED 18.8.2007. RESPONDENTS' EXHIBITS:- --------------------------------------- EXT.R1(a) - PHOTO COPY OF THE PROCEEDINGS NO.LRB7-54972/2005 DATED 21.3.2007 OF THE 3RD RESPONDENT. vku/- (true copy) C.N.Ramachandran Nair & K.Vinod Chandran, JJ. ---------------------------------------- W.P.(C).No.27901 of 2007-V ----------------------------------------- Dated this, the 15th day of December, 2011 JUDGMENT C.N.Ramachandran Nair,J.: Petitioner is the auction purchaser of an industrial plot. Petitioner approached this Court for an appropriate direction against the Kerala State Electricity Board to give power connection without the petitioner being made liable for payment of arrears of electricity dues, due from the previous owner. 2. Admittedly there is no provision in the Electricity Act, 2003 or the Electricity Supply Code making the purchaser of a defaulted premises liable for any electricity dues. We have in our judgment in W.A.No.2114 of 2009 dated 14.12.2011 held that based on KSEB's request it is for the Regulatory Commission to consider amendment of the Supply Code. So far as recovery of arrears of electricity dues of the previous owners are concerned, we suggested the KSEB to invoke the powers under Section 56 of the Electricity Act and proceed for disconnection of the defaulters' other connections, including domestic connection, irrespective of the said connections WP(C).No.27901 of 2007-V - 2 - having no dues. Even in this case in Exhibit P3 a specific direction was issued by this Court to the KSEB to proceed against the defaulter and other properties of the defaulter. However, KSEB appears to be indifferent in the matter. 3. So far as the petitioner's liability is concerned, there is no statutory provision making the petitioner liable for the arrears due from the previous owner. So much so, the respondents are not entitled to recover the arrears due from the previous owner, from the petitioner. We, accordingly, allow the writ petition, vacating the demands raised against the petitioner which are arrears due from the previous owner and direct the KSEB to give electricity connection in accordance with the norms, on the petitioner complying with the formalities, without any delay. Sd/- C.N.Ramachandran Nair, Judge Sd/- K.Vinod Chandran, Judge. vku/151211