IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 OP.No. 9248 of 1999(A) ---------------------- PETITIONER(S): ------------------ ASHA SENAN, D/O.VIJAYASENAN NAIR & W/O VASANTHAKUMAR ALIAS UNNI, APSARA, EROOR NORTH P.O, NADAMA, TRIPUNITHURA, PIN 682 306. BY ADV. SRI.JOSE ABRAHAM RESPONDENT(S): -------------------- 1. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY) COLLECTORATE, ERNAKULAM, KAKKANAD. 2. THE VILLAGE OFFICER, (REVENUE RECOVERY), NADAMA VILLAGE OFFICE, TRIPUNITHURA. 3. THE ASSISTANT ACCOUNTS OFFICER, B.S.UNIT, KERALA STATE ELECTRICITY BOARD, TRIPUNITHURA. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF ELECTRICITY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.C.RAGHAVAN, SC, KSEB SRI. ASOK M.CHERIYAN, SC, KSEB FOR R3 SRI.A.SUDHI VASUDEVAN, SC, KSEB FOR R3 SRI.JOSE ABRAHAM SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.9248/1999 ORDER IN CMP NO.15348/1999 IN OP NO.9248 OF 1999 DISMISSED 15/06/2009 SD/-ANTONY DOMINIC, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF DEATH CERTIFICATE DT 29.4.1993 ISSUED BY THE TRIPUNITHURA MUNICIPALITY. EXT.P2: TRUE COPY OF DEATH CERTIFICATE DT 8.4.94 ISSUED BY THE CORPORATION OF COCHIN. EXT.P3: TRUE COPY OF NOTICE DT 22.1.1999 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4: TRUE COPY OF THE REPRESENTATION 20.3.1999 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 20.3.1999 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF JUDGMENT DAGED 14.10.1992 IN OP NO.12470/1992-H OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ O.P. NO. 9248 OF 1999 (A) ===================== Dated this the 15th day of June, 2009 J U D G M E N T Petitioner is the daughter of one Late Vijayasenan Nair. The challenge in this original petition is against Ext.P3 revenue recovery notice issued at the instance of the 3rd respondent for realising the energy charges due from the deceased. 2. It is stated that the petitioner's father was a partner of Sreekrishna Enterprises, Tripunithura and the other partner was his wife. The firm established a Small Scale Industrial Unit for manufacturing lamination cores of various sizes. 3. Going by the pleadings and as is seen from Ext.P1 death certificate, petitioner's father expired on 20/10/87 and thereafter the unit was taken over by a third party. The mother also expired on 9/8/93 and Ext.P2 is the death certificate. Long thereafter, by Ext.P3, revenue recovery proceedings were initiated for realising Rs.41,318/-. 4. As per the counter affidavit filed, the amount demanded includes fixed charges, current charges, duty and surcharge. While the current charges are for the period April 1990 OP No.9248/1999 :2 : to October 1996, surcharge is for the period upto November, 1998. According to the respondents, in terms of Clause 15(d) of the Conditions of Supply of Electrical Energy, the arrears due is the first charge on the assets of the consumer. It is stated that it was therefore that despite the death of the consumer, recovery proceedings were initiated against the petitioner, being a legal heir. 5. Although the petitioner pleads complete ignorance of the liability incurred by her father, which is sought to be enforced against her, the case pleaded in the original petition is that she has not inherited any assets of the deceased to be proceeded against. Therefore, her contention is that in the absence of her inheriting any assets of the deceased consumer, merely relying on Clause 15(d) of the Conditions of Supply of Electrical Energy referred to above, proceedings cannot be continued against her or her assets. 6. Although the counter affidavit filed by the 3rd respondent explains the details of the liability incurred, there is not even an averment that the petitioner has inherited any assets of the deceased. If that be so, proceeding against the petitioner's OP No.9248/1999 :3 : self acquired assets for realising dues of her deceased father cannot be continued. Therefore, the original petition is disposed of quashing Ext.P3 and leaving it open to the respondents to proceed against the assets of the deceased consumer, and clarifying that the petitioner's self acquired assets shall not be proceeded against for the liability in question. ANTONY DOMINIC, JUDGE Rp