IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WA.No. 1100 of 2008() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8077/2008 Dated 12/03/2008 .................... APPELLANTS: RESPONDENTS -------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUDHI BHAVAN, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, EDAPPAL, MALAPPURAM DIST. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, CHANGARAMKULAM, MALAPPURAM DIST. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: PETITIONER ----------------------- N.M.SALIM, S/O N.MOIDUNNI, AGED 35 YEARS, NARUKILAYIL HOUSE, MOOKUTHALA, MALAPPURAM DIST. BY SRI.K.KARUNAKARAN SC, KSEB BY ADV. SRI.SRI.BABU S.NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No.1100 of 2008 --------------------------------------- Dated this the 2nd day of June, 2008 Judgment Koshy,J. Revenue recovery proceedings were initiated for misuse of energy as an earlier consumer in the same premises had to pay arrears of electricity charges. By an interim order, Rs.50,000/- was deposited. By the impugned order, the board was directed to grant connection if petitioner furnishes security by way of immovable properties for the amounts covered in the writ petition and all accruals thereon to the satisfaction of the concerned Executive Engineer. Therefore, if appropriate security of immovable property is furnished, connection can be given and the matter can be decided in Writ Petition (C) No.7175 of 2006. In the above circumstances, we are of the view that since there was a direction to furnish security, no further order is necessary to protect the interest of the appellant Board. We make it clear that mere filing of an affidavit is not equivalent to furnishing of security. There should be security as per law. The writ appeal is disposed of accordingly. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. /2002 2 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 1100 of 2008 ------------------------------------- Judgment Dated:2nd June, 2008