IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 898 of 2005(F) ---------------------------------------- PETITIONERS: ----------------------- 1. K. DAMODARAN NAIR, SREENILAYAM, CHANGUVETTY, EDARIKOD P.O., MALAPPURAM DISTRICT. 2. K. AKHILESH, S/O. K. DAMODARAN NAIR, SREENILAYAM, CHANGUVETTY, DO. DO. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.P.K.VIJAYAMOHANAN RESPONDENTS: ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, TRIVANDRUM. 2. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, TRIVANDRUM. 3. THE ASSISTANT ENGINEER,K.S.E.B., ELECTRICAL SECTION, CHELARI, MALAPPURAM DIST. 4. THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, COMPANY LAW BHAVAN, III FLOOR, THRIKKAKARA P.O., COCHIN-682 021. BY ADV. SRI.C.K.KARUNAKARAN, SC - R1 TO R3 BY ADV. SRI.K.MONI - R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 898/2005 PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE PROCEEDINGS DT. 10.10.03 OF THE OFFICIAL LIQUIDATOR EXT. P2 TRUE COPY OF THE BOARD ORDER NO.TC 1/9650/88 DT. 23.5.89 EXT. P3 TRUE COPY OF THE INTERIM ORDER DT. 9.6.04 IN CA 334/04 IN CP 33/95 EXT. P4 TRUE COPY OF COMMUNICATION NO.HTB 16/1604 DT. 1.11.04 OF THE 2ND RESPONDENT EXT. P5 TRUE COPY OF DO. DT. 27.1.04 OF DO. EXT. P6 TRUE COPY OF THE SALE DEED D6T. 10.3.04 EXECUTED BY THE OFFICIAL LIQUIDATOR IN FAVOUR OF THE 2ND PETITIONER EXT. P7 TRUE COPY OF THE OWNERSHIP CERTIFICATE NO.A4.1271/04 DT. 14.12.04 ISSUED BY THE SECRETARY, THENHIPALAM GRAMA PACNAHAYT EXT. P8 TRUE COPY OF THE COMMUNICATION NO.DB/HT-SC/04-05/156/6- 04-04 OF THE 3RD RESPONDENT EXT. P9 TRUE COPY OF APPLICATION DT. 15.12.04 OF THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT EXT. P10 TRUE COPY OF LETTER NO.HTB 16/1604 DT. 30.12.04 OF THE 2ND RESPONDENT EXT. P11 TRUE COPY OF ADJUDICATION ORDER DT. 28.5.07 OF THE 4TH RESPONDENT /TRUE COPY/ K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.898 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2008 JUDGMENT Petitioners are purchasers of property of M/s Century Peripherals, which is in liquidation. According to the petitioners, the assignment of the property to them was absolutely free from all encumbrances. Petitioners are aggrieved by the refusal to give electricity connection and they have approached this court for a direction to the third respondent to give electric connection. It is submitted that by virtue of the interim order connection was granted to the petitioners. Whatever that be, petitioners have filed I.A. 10736 of 2008 and along with the same, they have produced Ext.P11 adjudication order of the fourth respondent, in which the claim of the petitioners is admitted. 2. Learned counsel for the Liquidator Sri. K.Moni submits that payment cannot be made to the petitioners as the same will be in violation of the provisions of Companies Act and it will amount to giving undue preference. I would think that this is a matter which may be taken up before the Company Court. Learned counsel for the Board submits that the petitioners have already cleared the entire amount due to the Board under one time settlement scheme and there are no arrears to the Board. WPC.898/2005. 2 Accordingly, leaving open the right of the petitioners to approach the Company Court seeking appropriate reliefs, the writ petition is disposed of. (K.M. JOSEPH, JUDGE) sb