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. 492 of 2010 (E ) ================== AGAINST THE ORDER/JUDGMENT IN WPC.32325/2009 DATED 24-11-2009 APPELLANT(S)/RESPONDENTS 1-3 ============================ 1. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDYUDHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PERUMBAVOOR. 3. SUB ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY, BOARD, MANJAPRA P.O. BY SR. ADV.SRIC.P. SANTHALINGAM ADV.SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S)/PETITIONER & RESPONDETS 4 & 5 =========================================== 1. JOSHY, AGED 33, S/O PAULOSE, MADAN HOUSE, CHULLY KARA, AYYAMPUZHA VILLAGE, ALUVA TALUK, CHULLY P.O. PIN- 683 581. LSN -------2------ ...2... WA.No. 492 of 2010 (E ) 2. STATE BANK OF INDIA, REGIONAL OFFICE LOCAL HEAD OFFICE ANNEXURE SHANMUGHAM ROAD ERNAKULAM REP.BY ITS AUTHORIZED OFFICER UNDER THE SARFESI ACT. 3. O.S.ABRAHAM, S/O.DEVASSY, OLIYAPURAM HOUSE MANJAPRA P.O. R1 BY ADV. SRI.A.N.SANTHOSH R2 BYADVS.SRI.A.VIJAYAKUMAR SRI. K .K CHANDRAN PILLAI,SC, STATE BANK OF INDIA. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LSN WA.No. 492 of 2010 (E ) ANNEXURE PETITIONERS ANNEXURE: A1: COPY OF K.S.E.R.C'S COMMMUNICATION NO. KSERC/T.C.OF SUPPLY AMENDMENTS/2006/183 DATED 27.02.2006. A2: COPY OF THE 1STAPPELLANTCOMMUNICATION NO.KSEB/TRAC/SCODE/05/R2/83 DATED 08.02.2006. A3: COPY OF K.S.E.R.C'S PROCEEDINGS NO KSERC/SUPPLY CODE/2/140/2006 DATED 27.02.2006. A4: COPY OF K.S.E.R.C'S COMMUNICATION NO. KSERC/III/SUPPLY CODE FOURTH AMENDMENT/2008 DATED 09.07.2008. A5: COPY OF K.S.E.R.C'S COMMUNICATION NO. KSERC/T&C OF SUPPLY/2006/575 DATED 10.08.2006. A6: COPY OF K.S.E.R.C'S COMMUNICATION NO. KSERC/III/SUPPLY CODE 2ND AMENDMENT/638 DATED 22.08.2008. A7: COPY OF 1ST APPELLANT'S COMMUNICATIONS TO THE K.S.E.R.C NO. KSEB/TRAC/S.CODE/R2/666 DATED 17.09.2008. A8: COPY OF THE AMENDMENTS TO THE SUPPLY CODE, TOGETHER WITH THE COVERING LETTER NO. KSERC/TTT/SUPPLY CODE 2ND AMENDMENT/2008/820 D DATED 24.10.2008. A9: COPY OF COMMUNICATION FROM THE K.S.E.R.C UNDER NO. KSERC/TTT/SUPPLY CODE/ 2009/198 DATED 28.02.2009. A10: COPY OF THE 1ST APPELLANT'S COMMUNICATION NO. KSEB/TRAC/S.CODE/05/R2/08/194 DATED 23.03.2009. A11: COPY OF K.S.E.R.C'S COMMUNICATION NO. KSERC/TTT/SUPPLY CODE/2009/287 DATED 28.03.2009. A12: COPY OF THE JUDGMENT DATED 20.07.2009 IN W.P.NO.19778 OF 2009. RESPONDENTS ANNEXURE: NIL // TRUE COPY// P.A. TO JUDGE. LSN C.N. RAMACHANDRAN NAIR & K. VINOD CHANDRAN,JJ ============================== W.A. NO.492 of 2010 ============================ Dated this the 14th day of December 2011 JUDGMENT C.N.Ramachandran Nair, J. The writ appeal is filed by the Kerala State Electricity Board challenging the judgment of the learned single Judge declaring entitlement of the first respondent for electricity connection without clearing the arrears due from the previous owner of the property. 2. The first respondent along with his wife purchased a property with a building thereon and when he applied for electricity connection, the Kerala State Electricity Board took the stand that the previous owner is in arrears of electricity dues. There is nothing in the Electricity Act creating charge on the premises making the purchaser liable. The Electricity Supply Code also provides, in Cause 12, for the recovery from the previous owner, viz. Defaulter, and not from the purchaser. Even though in Writ Appeal No. 2114/2009 filed by the K.S.E.B., WA 492/2010 2 we directed the Regulatory Commission to consider whether a provision could be made under the Supply Code to safeguard the interest of the K.S.E.B. to recover arrears in respect of defaulted premises being sold, such provision, if made, cannot have retrospective effect. So much so we find no merit in the Writ appeal. We accordingly dismiss the Writ appeal. However the K.S.E.B.enjoys powers under Section 56 of the electricity Act to proceed for disconnection of other connections of the defaulters including domestic connection; irrespective of the said connections having no dues. The K.S.E.B. is free to resort to proceed under Section 56 of the Electricity Act against the defaulter to facilitate recovery. Sd/- C.N.RAMACHANDRAN NAIR JUDGE Sd/- K. VINOD CHANDRAN JUDGE ks. True copy P.S.To Judge WA 492/2010 3