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. 2109 of 2009 ( ) ======================= AGAINST THE ORDER/JUDGMENT IN WPC.22285/2008 DATED 11-06-2009 .... APPELLANT(S)/RESPONDENTS 3 AND 4: =================================== 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, VADAKKANCHERRY, PALAKKAD DISTRICT. BY SRI. P.SANTHALINGAM, SENIOR ADVOCATE,SC, KSEB BY ADV.SRI.C.K.KARUNAKARAN, SC,KSEB RESPONDENT(S)PETITIONER/RESPONDENTS: ======================================== 1. B.SURIAKUMAR,S/O.BHASKARAN PILLAI, JANAKI NIVAS, MUDAPPALLUR P.O.VADAKKANCHERRY (VIA) PALAKKAD DISTRICT-678 705. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, BEHIND CIVIL STATION COMPOUND, PALAKKAD-678 001. 3. THE PALAKKAD DIST.MINI INDUSTRIAL ESTATE CO-OP.SOCIETY LTD.NO.(IND)P(MIE) 50,CIVIL STATION, DISTRICT INDUSTRIES CENTRE,PALAKKAD, REP.BY ITS MANAGING DIRECTOR. 4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, KPFC BHAVANAM, C.V.RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM - 685 010. BY GOVERNMENT PLEADER SRI. GEORGE MECHERIL R4 BY ADV. SRI. ANEESH JAMES, SC, K.S.E.R.COMMN. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR SRI.G.HARIHARAN SRI.PRAVEEN.H. SMT.SREEDEVI KYLASANATH,SC,KSER COMMN. THIS WRIT APPEAL HAVING FINALLY HEARD ON 14-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss W.A.NO.2109/2009 APPENDIX APPELLANT'S ANNEXURES: ANNEX.A1: COPY OF 4TH RESPONDENT'S COMMUNICATION NO.KSERC/T&C OF SUPPLY AMENDMENTS/2006/183 DTD. 27/02/2006. ANNEX.A2: COPY OF 1ST APPELLANT'S COMMUNICATION NO.KSEB/TRAC/S-CODE/ 05/R2/83 DTD. 8/2/2006. ANNEX.A3: COPY OF 4TH RESPONDENT'S PROCEEDINGS NOKSERC/SUPPLY CODE/2/140/2006 DTD. 27/02/2006. ANNEX.A4: COPY OF 4TH RESPONDENT'S COMMUNICATION NO.KSERC/III/SUPPLY CODE FOURTH AMENDMENT/2008 DTD. 8\9/07/2008. ANNEX.A5: COPY OF 4TH RESPONDENT'S COMMUNICATION NO.KSERC/T&C OF SUPPLY/2006/575 DTD. 10/08/2006. ANNEX.A6: COPY OF 4TH RESPONDENT'S COMMUNICATION NO.KSERC/SUPPLY CODE 4TH AMENDMENT/638 DTD. 22/08/2008. ANNEX.A7: COPY OF THE 1ST APPELLANT'S COMMUNICATIONS TO THE 4TH RESPONDENT UNDER NO.KSEB/TRAC/S.CODE/R2/666 DD. 17/09/2008. ANNEX.A8: COPY OF THE AMENDMENTS TO THE SUPPLY CODE, TOGETHER WITH THE COVERING LETTER NO.KSERC/111/SUPPLY CODCE 4TH AMENDMENT/2008/820 DTD. 24/10/2008. ANNEX.A9: COPY OF COMMUNICATION FROM THE 4TH RESPONDENT UNDER NO. KSERC/111/SUPPLY CODE/2009/198 DTD. 28/02/2009. ANNEX.A10: COPY OF THE 1ST APPELLANT'S COMMUNICATION NO.KSERC/TRAC/S CODE/05/R2/08/194 DTD. 23/3/2009. ANNEX.A11: COPY OF 4TH RESPONDENT'S COMMUNICATION NO.KSERC/111/SUPPLY CODE/2009/287 DTD. 28/03/2009. ANNEX.A12: COPY OF THE JUDGMENTDTD. 11/06/09 IN WPC.NO.22285 OF 2008. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.N. RAMACHANDRAN NAIR & K. VINOD CHANDRAN,JJ ============================== W.A. NO.2109 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 new 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. Even though in Writ Appeal No. 2114/2009 filed by the K.S.E.B., we directed the Regulatory Commission to consider whether a WA 2109/2009 2 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 2109/2009 3