IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DAY OF DECEMBER 2011/23RD AGRAHAYANA 1933 WA.No. 1631 of 2011 ( ) --------------------------------- AGAINST THE ORDER/JUDGMENT IN WPC.34758/2010 DATED 07-07-2011 .......... APPELLANTS/ RESPONDENTS --------------------------------------- 1. EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, NALLAM KOZHIKODE-673027 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION,MANKAV KERALA STATE ELECTRICITY BOARD, KOZHIKODE-673027 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD PANTHEERANKAVU, KOZHIKODE-19 4. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, REP.BY SECRETARY VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM-695004 BY ADVS.SRI.P.SANTHALINGAM (SR.) SRI.K.M.SATHYANATHA MENON,SC,KSEB RESPONDENT/PETITIONER --------------------------------------- M.KRISHNADAS, S/O.M.GOPALAN, RESIDING AT MALAYILHOUSE, KOLATHARA, KOZHIKODE-673001. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14-12-2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.N. RAMACHANDRAN NAIR & K. VINOD CHANDRAN,JJ ============================== W.A. NO. 1631 OF 2011 ============================ Dated this the 14th day of December 2011 JUDGMENT C.N.Ramachandran Nair, J. The first respondent is the owner of a property with a shed thereon and had a three phase electric connection in the said premises. The first respondent licensed the premises to another person and the licensee without the knowledge of the owner obtained another connection for which she executed a separate agreement with the Board. The said connection, it is averred, was given without the consent of the owner. The first respondent on repossessing the building after evicting the licensee found his connection disconnected and applied for reconnection. The Board refused on the ground of the arrears made by the previous licensee. 2. Admittedly, there is no provision in the Electricity Act, 2003 or in the Supply Code or in the Conditions of Supply creating charge on the property for the electricity dues. Even though, we have in W.A.No.2.1.14/2009 directed State W.A. NO. 1631/2011 2 Regulatory Commission to consider the amendment of the Supply Code to make a provision to safeguard the interest of the Kerala State Electricity Board for recovering arrears in respect of defaulted premises at the time of sale; any such provision if made will not stand in the way of the first respondent getting electricity connection since clause 12 of the Electricity Supply Code provides for recovery only from the defaulters. The arrears, therefore, in this case has to be recovered from the defaulter. We have in the judgment referred above in W.A.No.2114/2009 held that K.S.E.B. enjoys power under Section 56 of the Electricity Act to disconnect the supply given even in the residential house of the defaulter, which provision, if available, can be resorted to by the K.S.E.B. to proceed for any recovery against the defaulter. The Writ appeal, therefore, fails and it is accordingly dismissed with the above observation. Sd/- C.N.RAMACHANDRAN NAIR JUDGE Sd/- K. VINOD CHANDRAN JUDGE ks. True copy P.S.To Judge W.A. NO. 1631/2011 3