IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 7105 of 2011(K) -------------------------------------- PETITIONER(S): --------------------------- MEHABOOB, AGED 46 YEARS, S/O.MOIDEEN, AYAMANNIL HOUSE, P.O.PAYYOLI KOYLANDY,KOHZIKODE DISTRICT,REPRESENTED BY HIS AUTHORIZED POWER OF ATTORNEY HOLDER, N.BEERANKOYA, AGED 55 YEARS, S/O.SAIDALI,”AYISHAS”,THATTARAKANDY PARAMBA, MATHOTAM,P.O.ARAKINAR,KOZHIKODE-673 023. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): ---------------------------- 1. SPEICAL OFFICER(REVENUE) KERALA STATE ELECTRICITY BOARD, TRIVANDRUM-695 004. 2. KERALA STATE ELECTRICITY BOARD, REPRERSENTED BY ITS SECTRETARY,VAIDHUTH IBHAVAN, THIRUVANANTHAPURAM-695 004. 3. ASSISTANT ENGINEER, KERALA STATE ELCTRICITY BOARD, BEYPORE SECTION, BEYPORE P.O.,KOZHIKODE-673 015. 4. EXECUTIVE ENGINEER, ELECTRICAL DIVISIN , FEROKE, KERALA STATE ELECTRICITY BOARD, P.O.NALLALAM,KOHZIKODE-673 027. BY ADV. SRI. P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7105/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE POWER OF ATTORNEY DTD. 6/09/2010. P2: COPY OF THE ASSIGNMENT DEED REGISTERED IN FAVOUR OF THE PETITIONER DTD. 28/02/2007. P3: COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX 21/04/2010 FOR THE PROPERTIES COVERED BY EXHIBIT P2. P4: COPY OF THE CERTIFICATE OF SALE DTD. 18/04/2007 IN COURT AUCTION FROM THE RECOVERY TRIBUNAL, PANAMPILLY NAGAR, COCHIN-682 036. P5: COPY OF THE PERMIT ISSUED BY THE BEYPORE GRAMA PANCHAYAT TO CONSTRUCT THE COMPOUND WALL DTD. 26/07/2010. P6: COPY OF THE RECEIPT ISSUED BY THE BEYPORE GRAMA PANCHAYAT DTD. 7/10/2010. P7: COPY OF RECEIPT SHOWING THE PAYMENT OF FEE TO THE ELECTRICITY BOARD DTD. 20/12/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.7105 of 2011 ----------------------------------------- Dated this the 28th March, 2011 JUDGMENT The petitioner is the owner of a parcel of land situated in Re.Sy.No.41/1, 41/5 and 44/4 of Beypore Village, Kozhikode Taluk, which he purchased as per the original of Ext.P2. The vendor of the petitioner obtained the property as per Ext.P4 sale certificate issued by the Debts Recovery Tribunal, Kochi. After acquiring the property, the petitioner submitted an application dated 20.12.2010 for electricity connection to the building situated therein. This writ petition is filed contending that the respondents have declined to act on the said application on the ground that from the previous owner energy charges are due and unless the petitioner pays the same his application will not be processed. Relying on Regulation 12 of the Kerala Electricity Supply Code, 2005 and Regulation 7 of the Kerala State Electricity Board Terms and Conditions of Supply, 2005 it is contended that the petitioner cannot be held liable to pay the dues of the previous W.P(C) NO.7105/2011 -:2:- customer and that the Board cannot therefore, decline to act on the petitioner's application for electricity connection. 2. I heard Sri. P.V.Kunhikrishnan, learned counsel appearing for the petitioner and Sri.P.P.Thajudeen, learned standing counsel appearing for the respondents. The fact that the petitioner became the owner of the property as per Ext.P2 sale deed executed by the successful bidder in an auction conducted by the Recovery Officer attached to the Debts Recovery Tribunal, Kochi is not in dispute. It is also not in dispute that energy charges were payable by the debtor against whom proceedings were initiated in the Debts Recovery Tribunal under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Regulation 12 of the Kerala Electricity Supply Code, 2005 reads as follows:- “12. Dues of previous consumer. If a purchaser of a premise requires to have a new connection, as the earlier connection has already dismantled after disconnection, the arrear, if any, shall be realised from the previous owner/ occupier of the premises and not from the purchaser.” W.P(C) NO.7105/2011 -:3:- Regulation 7 of the Kerala State Electricity Board Terms and Conditions of Supply, 2005 reads as follows:- “7. Dues of previous consumers.- If a purchaser of a premise requires to have a new connection, as the earlier connection has already been dismantled after disconnection, the arrear, if any, shall be realised from the previous owner/occupier of the premises and not from the purchaser.” The two provisions are identically worded and stipulate that if the purchaser of a premises requires to have a new connection, as the earlier connection has already been dismantled after disconnection, the arrear, if any, shall be realised from the previous owner/occupier of the premises and not from the purchaser. In the light of the said provisions the respondents cannot refuse to act on the petitioner's application for electricity connection on the ground that energy charges are due from the previous owner. The remedy of the Board in such circumstances is to proceed against the previous owner for realisation of the arrears. I accordingly dispose of the writ petition directing the respondents to process the application for electricity connection W.P(C) NO.7105/2011 -:4:- submitted by the petitioner and give electricity connection upon the petitioner complying with the requirements for the grant of a new connection other than payment of energy charges due from the former occupier. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.7105 of 2011 ---------------------------- JUDGMENT 28th March, 2011