IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 15820 of 2009(V) -------------------------- PETITIONER(S): --------------- K.J. XAVIERKUTTY, MANAGING DIRECTOR, M/S MEREENA PETROCHEMICALS PVT LTD., PUDUSSERY CENTRAL VILLAGE, PALAKKAD DIST. BY ADV. SRI.NAVEEN.T RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. GOVT. OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES, DEPARTMENT. 3. THE MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, KPFC BHAVANAM, C.V. RAMANPILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 4 SC for KSERC SMT. SREEDEVI KYLASANAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.15820 OF 2009 ------------------------ Dated this the 16th day of June, 2009. JUDGMENT Petitioner is an allottee of an industrial plot, on the orders of the District Industries Centre. By Ext.P4, he is denied electricity connection on the ground that the previous allotee was in default of dues to the Board. Admittedly in terms of the provisions contained in Regulation 12 of the Supply Code and Clause 7 of the Terms of Conditions of Supply framed by the Board, the Board is not justified in declining power connection for the aforesaid reason. 2. Standing counsel for the 4th respondent also points out that, the stay order passed by the 4th respondent restraining operation of the aforesaid regulation has also been vacated. WP(c).No.15820/09 2 3. If that be so, the petitioner is entitled to the benefit of the aforesaid clause and consequently Ext.P4 cannot be sustained. 4. Therefore I quash Ext.P4 and direct the respondents to consider the application made by the petitioner for power connection in accordance with the rules, ignoring the arrears if any due from the previous allotee of the plot in question. Therefore writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.15820/09 3