IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 9327 of 2005(I) ------------------------- PETITIONER: ------------ PAULY C.C. S/O. C.P.CHERIYAN, AGED 39 CHOWRAN HOUSE, MATTOOR, KALADY P.O., ERNAKULAM-683 574. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.J.STEPHEN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE VILLAGE OFFICER, MATTOOR VILLAGE, KALADY. 3. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS BRANCH MANAGER, K.F.C. THODUPUZHA. 4. KERALA ELECTRICITY BOARD, REPRESENTED BY EXECUTIVE ENGINEER, ELECTRICITY CIRCLE, THODUPUZHA. BY SHRI.V.B.UNNIRAJ, SC SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 9327/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LETTER DATED 22/01/2005 ISSUED BY R3 TO PETITIONER. P2 : COPY OF NOTICE DATED 05/02/2005 ISSUED BY R2. P3 : COPY OF REPRESENTATION DATED 17/03/2005 SUBMITTED BY PETIITONER TO R2. P3(a) : COPY OF REPRESENTATION DATED 17/03/2005 SUBMITTED BY PETITIONER TO R3. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ----------------------------------- W.P.(C) No. 9327 2005 ------------------------- Dated, this the 11th day of January, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of arrears of electricity dues on the ground that the industry, for which the electricity connections were taken, was already taken over and sold by Kerala Financial Corporation. It is reported by all the parties that the purchaser of the property has agreed to clear the arrears of electricity dues and other charges on such property. In the circumstances, there is no dispute that survives, as recovery will not be made against the petitioner. If the purchaser does not clear the arrears of electricity dues and petitioner is called upon to pay the same, then I feel petitioner can approach this Court. Since purchaser is not a party in the writ petition, no direction can be issued against the purchaser. However, if purchaser does not clear the arrears, I leave it open to petitioner either to clear the arrears or to challenge the recovery proceedigns if it is tenable. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg