IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 2417 of 2006(K) ------------------------- PETITIONER: ------------ JACOB ZACHARIA, S/O.ZACHARIA, KAROTTUKOIKKAL HOUSE, THELLIYOOR, VENNIKULAM, THIRUVALLA. BY ADV. SRI.T.RAJESH RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT ENGINEER, K.S.E.B. CENTRAL, ERNAKULAM. ADDL.R3: BOBAN PAUL, PENTA GROUP, PENTA SQUARE, M.G.ROAD, ERNAKULAM. (ADDL.R3 IMPLEADED AS PER ORDER DT.1.3.2006 IN W.P.(C)No.2417/06) BY ADV. SRI.P.P.THAJUDEEN, SC, KSEB FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2008, ALONG WITH W.P.(C)NOS. 2726/06 & 35633/07 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.2417/06 PETITIONER'S EXTS: EXT.P1: A TRUE COPY OF THE SALE DEED NO.7636/05 OF ERNAKULAM SRO EXECUTED IN FAVOUR OF PETITIONER DT.22.11.05. EXT.P2: A TRUE COPY OF THE MEMO ISSUED BY THE CORPORATION OF KOCH DATED 12.12.2005. EXT.P3: A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.21.12.2005. EXT.P4: A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF APPLICATION FEE BY THE PETITIONER DT.22.12.2005. EXT.P5: A TRUE COPY OF THE TABULATION OF THE ALLEGED ARREARS OF BILL OF SOME OCCUPANTS OF THE BUILDING PENTA SQUARE. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------ W.P.(C)Nos.2417/06, 2726/06 & 35633/07 ------------------------------------- DATED THIS THE 29TH DAY OF JANUARY, 2008 J U D G M E N T Petitioners in these writ petitions are occupants of different portions of a structure called 'Penta Square' aside the M.G.Road, in Ernakulam. The builder had applied for electric supply for the construction activity. That was later on utilised to energise the installations in the common area of that building. Payment on account of that, later on, fell in default and proceedings were initiated against the builder, of whom the additional respondent in all these writ petitions, viz, Shri Boban Paul is a partner. The proceedings for recovery were initiated, apparently only against him. 2. This court has granted interim directions in two of these writ petitions directing attachment of a floor of the building and interdicting the refusal of supply of electrical energy to the fresh applicants like the petitioners. That order available in only two of the matters, essentially takes care of the situation W.P.(C)Nos.2417/06, 2726/06 & 35633/07 2 available in the other writ petition also. 3. The learned standing counsel for the Electricity Board submits that it is willing to extend to Shri Boban Paul the facility to pay off the accrued amounts under one time settlement scheme. 4. In the result, these writ petitions are disposed of with the following directions. 1) Applications of the petitioners for connection shall be dealt with in accordance with law without insisting on remittance towards any arrear referable to the builder or the erstwhile owner, including Shri Boban Paul. 2) The KSEB will extend to Shri Boban Paul one time settlement facility and will consider waiving the interest portion and W.P.(C)Nos.2417/06, 2726/06 & 35633/07 3 other incidentals particularly when he is stated to be only a partner of the firm and that he is facing financial difficulties. 3) The additional respondent Shri Boban Paul is directed to appear before the competent Executive Engineer having jurisdiction over the area and take his decision on the question of payment and abide by the directions issued by that officer in accordance with law. 4) If any of these writ petitioners have been given electricity connection on the basis of the interim orders that will be regularised and continued in accordance with law. W.P.(C)Nos.2417/06, 2726/06 & 35633/07 4 5) The direction for attachment contained in the order dt.20.3.2006 in W.P.(C)Nos.2417/06 and 2726/06 will continue until the amounts due to the Board are paid off in the above manner. These writ petitions are disposed of accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. dsn