IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 25707 of 2002(I) ----------------------- PETITIONER: ------------ SUKUMARAN. V.C., S/O. VELAPPAN, VADUKKUTTIYIL VEEDU, KADALASSERY DESOM, VALLACHIRA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.K.J.MOHAMMED ANZAR RESPONDENTS: ------------- 1. THE DEPUTY TAHASILDAR (R.R), TALUK OFFICE, THRISSUR. 2. THE ASST. EXECUTIVE ENGINEER (KSEB), ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, CHERPU, THRISSUR DISTRICT. 3. SOUDAMINI SHANMUGHAN, W/O. SHANMUGHAN, MANJANAMKATTIL HOUSE, KIZHUTHANI, THANISSERY P.O., THRISSUR DISTRICT. BY ADV. SRI.C.C.THOMAS, SC, K.S.E.B SRI.TOMY SEBASTIAN SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 25707/2002 ORDER ON CMP NO.43607/2002 IN O.P.NO. 25707/2002. DISMISSED. 11/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DEED OF DISSOLUTION OF PARTNERSHIP DATED 01/06/96. P2 : COPY OF ACKNOWLEDGEMENT LETTER DATED 07/12/99. P3 : COPY OF LETTER TO R2 DATED 29/01/97 SUBMITTED BY PETITIONER. P4 : COPY OF RR DEMAND NOTICE DATED 04/04/02. P5 : COPY OF REPRESENTATION SUBMITTED TO R2 DATED 23/05/2002. P6 : COPY OF LETTER DATED 28/05/2002 ISUSED BY EXECUTIVE ENGINEER TO R2, P7 : COPY OF REPORT DATED 31/05/2002 SUBMITTED TO EXECUTIVE ENGINEER BY R2. P8 : COPY OF REPRESENTATION DATED 07/05/2002 SUBMITTED TO DISTRICT COLLECTOR, THRISSUR BY PETITIONER. P9 : COPY OF REPLY NOTICE DATED 04/06/2002 ISSUED BY DISTRICT COLLECTOR. P10 : COPY OF LETTER DATED 05/06/2002 SENT BY EXECUTIVE ENGINEER. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ----------------------------------- O.P. No. 25707 of 2002 ------------------------- Dated, this the 11th day of January, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of arrears of electricity dues, for an industrial connection taken by petitioner under minimum guarantee agreement, on the ground that property was sold on 31/05/1996. Learned standing counsel for KSEB submitted that default is from June 1999 onwards. Learned standing counsel for KSE Board submitted that even though petitioner has stated to have intimated sale to the KSE Board authorities, a mere intimation is not sufficient and unless another minimum guarantee agreement is executed in favour of the purchaser and petitioner released from the original agreement, petitioner will continue to be liable. I find force in this contention, because petitioner cannot escape from liability from the agreement as consumer, unless he is relieved off from the liability by other party. Petitioner has no case that, he substituted the purchaser in the minimum guarantee agreement. In the circumstances, petitioner will continue to be liable as consumer. However, on equitable consideration, I direct 1st respondent to proceed with recovery against 3rd respondent if purchaser is enjoying power O.P.NO. 25707/2002 -2- connection. Since 3rd respondent has continued use of electricity connection, there will be direction to 1st respondent to proceed for recovery of arrears from 3rd respondent including disconnection and if recovery is not possible for want of assets from 3rd respondent, recovery can be continued against petitioner as he is the defaulter- consumer. This original petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg