IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 10843 of 2007(N) -------------------------- PETITIONER(S): --------------- JUSTIN A.FERNS, AGED 41 YEARS, SON OF AMBROSE P.FERNS, RESIDING AT FERNS LAND, KACHERI JUNCTION, CURZON NAGAR, H.NO.165, KOLLAM-691 013, REP.BY POWER OA ATTORNEY HOLDER,FELIX BABU,55 YRS, S/O.AMBROSE P.FERNS,RESIDING AT FERNS LAND,KACHERI JN.,CURZON NAGAR,H.NO.165, KOLLAM-691 013. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KILIKOLLOOR, KOLLAM-691 015. ADV.P.P.THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 10843 of 2007 ================== Dated this the 26th day of December, 2009 J U D G M E N T The petitioner applied for an electricity connection to the premises purchased by the petitioner. Electricity connection is denied by respondents 1 and 2 on the ground that in respect of the same premises, arrears of electricity charges are due from the former owner of the property, without settling which, the petitioner cannot be given fresh electricity connection. The petitioner seeks the following reliefs: “a. Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, calling for the records leading to Exhibit P3 and to quash the same. b. To declare that the petitioner is not liable for the arrears of electricity Charges as mentioned in Exhibit P4 due to the first and second respondents from the third respondent. c. Issue a writ of mandamus or any other appropriate writ order or direction, compelling and commanding the first and second respondents to provide service connection to the petitioner in accordance with the petitioner's application dated 19.01.2007 for new service connection in the property covered by Exhibit P1.” 2. I have heard the learned standing counsel appearing for the Electricity Board also, who opposes the prayers. According to him, respondents 1 and 2 have no other way to recover the arrears of electricity charges due in respect of the same premises, although it was pertaining to a time when it was under the ownership of the former owner. 3. I have considered the rival contentions in detail. w.p.c.10843/07 2 4. It is not disputed before me that as per Clause 12 of the Conditions of Supply Code, 2005 and Regulation 7 of the Conditions of Supply of Electrical Energy, an applicant for electricity connection is not bound to pay arrears of electricity charges due from the former owner of the property. Although the above clauses were under stay for some time by the Electricity Regulatory Commission, admittedly, that stay has been vacated. Therefore, those clauses are now in force. In view of those clauses, the respondents cannot insist on the petitioner paying the arrears of electricity charges due from the former owner as a condition for grant of electricity connection to the petitioner. In the above circumstances, this writ petition is disposed of with a direction to respondents 1 and 2 to give electricity connection to the petitioner without insisting on payment of arrears of electricity charges due from the former owner, provided the petitioner has complied with all other conditions applicable for grant of an electricity connection. Needless to say, it would be open to the respondents to recover the arrears from the former owner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.10843/07 3