IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WA.No. 1540 of 2005() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31901/2004 Dated 17/11/2004 .................... APPELLANT(S): RESPONDENTS. -------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, RAJAPURAM, KERALA STATE ELECTRICITY BOARD, RAJAPURAM, KASARAGOD DISTRICT. 3. THE EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): --------------- SATHEESH JOSEPH, SON OF C.T. JOSEPH, RESIDING AT MALAKKALLU, PANATHADY VILLAGE, HOSDURG TALUK, KASARAGOD DIST. ADV. SRI.SURESH KUMAR KODOTH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W. A. No. 1540 OF 2005 -------------------------------------------- Dated this the 7th day of October, 2009 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed by KSEB against the judgment of the learned single Judge directing it to give connection to an applicant. The KSEB declined to give connection for the reason that the person from whom the respondent-writ petitioner purchased the property is in arrears of electricity charges. However, the clear finding is that the defaulted premises is still retained by the defaulter/predecessor and only a portion of the land is purchased by the writ petitioner. Even though standing counsel wanted to verify whether connection is given or whether arrears are recovered, we do not think there is any justification to entertain the Writ Appeal because KSEB's right to recover arrears is upheld by the learned single Judge. It is up to the Board to recover arrears by attachment and sale of defaulter's property and even by taking coercive steps of disconnecting his domestic connection. W.A. is dismissed with the above observation. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. 2 kk