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. 2454 of 2009 ( ) =================== AGAINST THE JUDGMENT IN WPC.15820/2009 DATED 16-06-2009 ..................... APPELLANT(S) IST RESPONDENT ============================== KERA.A STATE ELECTRICITY BOARD VYDHUTHI BHAVANAM PATTOM,THIRUVANANTHAPURAM -04 BY ADV.SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S)PETITIONER AND RESPONDENTS 2,3 AND 4 ==================================================== 1. K.J. XAVIERKUTTY, MANAGING DIRECTOR, M/S MEREENA PETROCHEMICALS P. LTD. PUDUSSERY CENTRAL VILLAGE, PALAKKAD. 2. GOVT OF KERALA, REP. BY SECRETARY TO GOVT. INDUSTRIES DEPT. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD-01. 4. KERALA STATE ELECTRICITY REGULATOR COMMISSION, KPFC BHAVANAM C.V. RAMAN PILLAI ROAD, VELLAYAMBALAM THIRUVANANTHAPURAM – 685 010. BY ADV. SRI.P.NANDAKUMAR R2 BY GOVERNMENT PLEADER SRI.GEORGE MECHERIL R4 BY ADV. SRI.ANEESH JAMES, SC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-12-2011 , THE SAME DAY DELIVERED THE FOLLOWING: tss W.A. NO.2454/2009 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE 4TH RESPONDENT'S COMMUNICATION NO.KSERC/T&C OF SUPPLY AMENDMENTS/2006/183 DTD. 27.2.2006. A2:- COPY OF THE IST APPELLANT'S COMMUNICATION NO. KSEB/TRAC/S- CODE/05/R2/83 DT. 8.2.2006. A3:- COPY OF THE 4TH RESPONDENT'S PROCEEDINGS NO.KSERC/SUPPLY CODE/2/140/2006 DTD. 27.2.2006. A4:- COPY OF THE 4TH RESPONDENT'S COMMUNICATION NO.KSERC/III/SUPPLY CODE FOURTH AMENDMENT/2008 DTD. 9.7.2008. A5- COPY OF THE 4TH RESPONDENT'S COMMUNICATION NO.KSERC/T&C OF SUPPLY / 2006/575 DTD. 10.8.2006. A6:- COPY OF THE 4TH RESPONDENT'S COMMUNICATION NO.KSERC/SUPPLY CODE 4TH AMENDMENT /638 DTD. 22.8.2008. A7:- COPY OF THE IST APPELLANT'S COMMUNICATIONS TO THE 4TH RESPONDENT UNDER NO.KSEB/TRAC/S.CODE /R2/666 DTD. 17.9.2008. A8:- COPY OF THE AMENDMENTS TO THE SUPPLY CODE, TOGETHER WITH THE COVERING LETTER NO.KSERC/III/SUPPLY CODE 4TH AMENDMENT /2008/820 DTD. 24.10.2008. A9:- COPY OF THE COMMUNICATION FROM THE 4TH RESPONDENT UNDER NO.KSERC/III/SUPPLY CODE/2009/198 DT. 28.2.2009. A10:- COPY OF THE IST APPELLANT'S COMMUNICATION NO.KSERC/TRAC/S CODE/05/R2/08/194 DT.D 23.3.2009. A11:- COPY OF THE 4TH RESPONDENT'S COMMUNICATION NO.KSERC/III/SUPPLY CODE /2009/287 DTD. 28.3.2009. A12:- COPY OF THE JUDGMENT DT. 16.6.09 IN WPC. 15820/2009. RESPONDENT'S ANNEXURES NIL TRUE COPY P.S TO JUDGE tss C.N. RAMACHANDRAN NAIR & K. VINOD CHANDRAN,JJ ============================== W.A. NO.2454 of 2009 ============================ 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 is allottee of a industrial premises by the Industries Department 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. Wa No.2454/2009 2 Even though in Writ Appeal No. 2114/2009 filed by the K.S.E.B., 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 No.2454/2009 3