IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 15TH DAY OF DECEMBER 2011/ 24TH AGRAHAYANA 1933 WPC.No. 12558 of 2011 (T) ========================= PETITIONER(S) ============= 1 M/S.MERCHEM (INDIA) PVT.LTD. REP. BY ITS DIRECTOR JOLLY THOMAS W/O.P.E.THOMAS, RESIDING AT PULINAT HOUSE, 50/934 A, BANK JUNCTION EDAPPALLY, ERNAKULAM. BY ADV.SRI.K.GOPALAKRISHNA KURUP (SR.) SRI.S.MANU SMT.K.DEEPA (PAYYANUR) RESPONDENT(S) ============= 1 KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, VYDYUTHI BHAVAN PATTOM THIRUVANANTHAPURAM-695 004. 2 THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD ALUVA. 3 THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD ALUVA. 4 THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, EDAYAR (MUPPATHADAM)- PIN - 683 110. BY ADV.P.SANTHALINGAM, SR., SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12558/2011 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SALE DEED NO.4092/2005. P2 : COPY OF LETTER NO.DE-32/2010-11/EDR/498 DATED 16/03/2011 OF THE 3RD RESPONDENT. P3 : COPY OF JUDGMENT DATED 20/07/2009 IN WP(C) NO.19778/2009. P4 : COPY OF ORDER NO.KSERC/SUPPLY CODE/2/140/2006 DATED 27/02/2006. P5 : COPY OF COMMUNICATION DATED 27/02/2006 ADDRESSED TO CHAIRMAN, KERALA STATE ELECTRICITY BOARD. P6 : COPY OF LIST OF STAKE HOLDERS WHO ATTENDED THE PUBLIC HEARING ON THE DRAFT KERALA ELECTRICITY SUPPLY CODE (4TH AMENDMENT) REGULATION 2008. P7 : COPY OF VIEWS FURNISHED BY KERALA STATE ELECTRICITY BOARD ON DRAFT 4TH AMENDMENT REGULATION. P8 : COPY OF 4TH AMENDMENT REGULATION 2008. P9 : COPY OF ORDER DATED 09/08/2005 STATING PROCEDURES FOR NOTIFICATION OF THE REGULATION MADE BY THE COMMISSION. P10 : COPY OF PROCEEDINGS DATED 25/02/2009 VACATING THE STAY IMPOSED ON CLAUSE 12. P11 : COPY OF COMMUNICATION DATED 28/02/2009. P12 : COPY OF PROCEEDINGS OF THE KERALA STATE REGULATORY COMMISSION DATED 28/03/2009 DECLARING THAT CLAUSE 12 IN THE KERALA ELECTRICITY SUPPLY CODE 2005. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... WP(C) No.12558 of 2011 .................................................................... Dated this the 15th day of December, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Petition is filed against the denial of electricity connection to the petitioner for the reason that the previous owner of the property, who was given connection, is in arrears of electricity charges. In similar cases, we have held that in the absence of statutory provision creating charge or a provision in the Supply Code providing deposit of the amount due from the previous owner as a condition for giving connection to the purchaser, the KSEB cannot decline electricity connection to the purchaser of the same property. 2. We have further held that recovery should be made against the defaulter by proceeding against him under Section 56 of the Electricity Act, 2003 including disconnection of defaulter's domestic connection. In this case, since the petitioner is the purchaser of the property in Court auction, WP(C) No.12558/2011 2 the petitioner cannot be denied power connection on account of arrears due from the previous owner of the property. Already interim order was passed in this case on 29/04/2011 ordering connection and the KSEB has vide order dated 17/10/2011 decided to give connection to the petitioner. Consequently, this Writ Petition is disposed of making the interim order absolute. We also hold that in the absence of any provision authorising deposit of arrears due from the previous owner of the property either in the Act or in the Supply Code, the petitioner cannot be called upon to pay the arrears of electricity charges due from the previous owner. This WP(C) is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (K.VINOD CHANDRAN, JUDGE) jg