IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 3204 of 2008(F) ------------------------- PETITIONER : -------------------- P.T.ASHRAF, S/O.ABDULLA HAJI, AGED 40 YEARS, PARATHODI HOUSE, AANAKKAYAM, MALAPPURAM DISTRICT. BY ADV. SRI. SAJEEV KUMAR K. GOPAL RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, TRIVANDRUM. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, MANJERI. R1 & R2 BY ADV. SRI. P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 3204 of 2008(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : THE PROCEEDINGS OF THE RECOVERY OFFICER OF THE OFFICE OF THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, COCHIN DT. 20.3.2006. EXT.P2 : COPY OF THE SALE CERTIFICATE DT. 30.11.2006. EXT.P3 : COPY OF THE ORDER OF THE RECOVERY OFFICER DT. 25.7.2007. EXT.P4 : COPY OF THE RECEIPT ISSUED BY THE AANAKKAYAM GRAMA PANCHAYATH COLLECTING BUILDING TAX FROM THE PETITIONER. EXT.P5 : COPY OF THE ORDER NO. DB/SC/2007-08/235 DT. 13.11.2007 ISSUED BY THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ==================== W.P.(C) No.3204 OF 2008 ==================== Dated this the 13th day of December, 2010 JUDGMENT This writ petition is filed by the petitioner seeking for a writ of certiorari to quash Ext.P5 and for a direction to 2nd respondent to grant electrical connection. 2. The petitioner purchased 102 cents of property comprised in R.S.No.338/1 in public auction conducted by the Debts Recovery Tribunal by paying Rs.5,50.000/-. Thereafter petitioner constructed a building there for which he was assigned number as No.8/608B. When the petitioner applied for electrical connection, by Ext.P5 it was informed that the previous owner who consumed electricity made arrears to the tune of Rs.2,69,546/- and if only the said amount is paid the petitioner's application can be considered. Disputing his liability, this writ petition was filed. 3. On 6.2.2008 this Court passed an interim order as follows:- “If the petitioner pays entire amounts in arrears, under protest and subject to the result of this writ petition, the application of the petitioner for electric connection shall not be rejected on that ground and will be considered, if it is otherwise W.P.(C) No.3204 OF 2008 2 in order. All such payments will be subject to the result of this writ petition.” Learned standing counsel for the Board submitted that the previous owner himself has paid the amount of Rs.2,69,546/- on 4.4.2008. Therefore evidently no disputes survive in the writ petition. Therefore for giving connection to the petitioner the application had to be considered in accordance with the relevant provisions of the Act and Rules. The connection if any given will be regularised in accordance with law. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) mns