IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 2731 of 2008(A) ------------------------------------------ PETITIONER: -------------------- 1. JACOB GEORGE PALLATH,(MINOR) AGED 16 YEARS,S/O.GEORGE MERLO PALLATH, PALLATH HOUSE,ALAPPAT CROSS ROAD, RAVIPURAM KOCHI 682 016 REP.BY HIS FATHER AND NATURAL GUARDIAN GEORGE MERLO PALLATH,ADVOCATE. 2. GREENA MANOJ,AGED 41 YEARS, W/O.MATHEW MANOJ,THAIVELIKKAKATH HOUSE NAROTH ROAD,PALARIVATTOM, ERNAKULAM. 3. BEENA GEORGE,AGED 40 YEARS, W/O.GEORGE MERLO PALLATH,ADVOCATE,IIFLOOR PALLATH BUILDING,KURISUPALLY ROAD, KOCHI 682 015. 4. GEORGE MERLO PALLATH, AGED 47 YEARS,ADVOCATE,IIFLOOR PALLATH BUILDING,KURISUPALLY ROAD, KOCHI 682 015. BY ADV. SRI.M.L.SAJEEVAN SRI.M.N.SANJITH SRI.JAISON JOSEPH RESPONDENTS: ------------------------ 1. KERALA STATE ELECTIRICITY BOARD VYDHYUD BHAVAN THIRUVANANTHAPURAM REP. BY ITS SECRETARY. 2. DEPUTY CHIEF ENGINEER CENTRAL CIRCLE KERALA STATE ELECTIRICITY BOARD POWER HOUSE ROAD,ERNAKULAM. 3. EXECUTIVE ENGINEER KERALA STATE ELECTIRICITY BOARD COLLEGE SECTION,CLUB ROAD, ERNAKULAM KOCHI 682 016. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B for R1 TO 3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 2731 OF 2008 = = = = = = = = = = = = = Dated this the 11th day of February, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T Petitioners 1 and 2, are stated to be the owners of a premises for which an application for supply of electrical energy has been made. The 1st petitioner is a minor. The application for building permit was made by his mother, the 3rd petitioner. The 4th petitioner is the father of the 1st petitioner. Petitioners 3 and 4 are the natural guardians of the 1st petitioner. 2. The application is for High Tension supply to a commercial building. There is no law which prohibits a minor from holding a property and all that the law of contract insists is that the minor may not under certain circumstances, be made liable for certain obligations. Therefore while the Board could grant supply based on the application of a minor, it has to be supported by necessary collateral guarantees and security documents by solvent persons, to discharge reciprocal obligations of the minor under the contract of supply of electrical energy. W.P.(C).No. 2731 OF 2008 2 3. Having regard to what is stated above, it is directed that if petitioners 3 and 4 produce certificates of their solvency and execute necessary security bonds to satisfy all reciprocal obligations of the 1st petitioner in terms of the contract of supply on the basis of application made by petitioner 1 and 2, the 2nd respondent shall do the needful on behalf of Board in the matter of supply of electrical energy for the building in question within a period of one week of completion of formalities by the petitioners. It is also clarified that it is not the requirement of law that the Board should insist for an order from the Court of Wards. It is directed that if petitioners 3 and 4 jointly execute such guarantee/bonds, that shall be treated as sufficient, having regard to the fact that they are the natural guardians of the 1st petitioner. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-