IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 24711 of 2007(P) -------------------------- PETITIONER: --------------- VARGHESE, S/O.XAVIER, MELEDATH HOUSE, THRIKKUR VILLAGE, TRICHUR. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF ELECTRICITY, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, CHALAKUDY. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, PUTHUKKAD. 4. A.R.DAVIS, S/O.RAPPAI, KALLOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. MR.C.K.KARUNAKARAN, SC FOR KSEB FOR R2,3 MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.24711/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.4390/06 DATED 1.9.2006. EXT.P2: COPY OF THE POSSESSION CERTIFICATE NO.2493/06 DATED 19.9.06. EXT.P3: COPY OF THE OWNERSHIP CERTIFICATE NO.A S-126/07 DATED 28.2.2007. EXT.P4: COPY OF THE RECEIPT DATED 27.6.2007. EXT.P5: COPY OF THE DECREE IN O.S.NO.1612/99 DATED 29.3.2001 OF THE COURT OF ADDL.MUNSIFF, IRINJALAKUDA. EXT.P6: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 6.8.2007. /TRUE COPY/ J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.P.(C).NO.24711 OF 2007 (P) ----------------------------------- Dated this the 6th day of March, 2009 J U D G M E N T KOSHY,Ag.CJ. In the statement filed by the respondents, it is stated that the surcharge is Rs.1,62,069 and the principle amount due is only Rs.76,770/- including surcharge upto March 1998 and the total amount due is only Rs.71,083/-. Surcharge was calculated at 24%. Petitioner is only an auction purchaser from the Kerala Financial Corporation and arrears are the dues caused by the previous owner who became a defaulter. The Honourable Supreme Court in Paschimanchal Vidyut Vitran Nigam Ltd. v. DVS Steels & Alloys Pvt. Ltd. (2009 (1) KLT 253 (SC)) held that arrears on electricity charges cannot be realised from the purchaser of the property but Electricity Board can refuse the connection to the premises for which default was committed notwithstanding the change of WPC.24711/2007 2 ownership. Taking these circumstances, we direct that the petitioner may pay the amount of Rs.71,083/- with interest at the rate of 6% instead of paying surcharge at 24% and on payment of the same, the electricity connection shall be restored. No further amount can be demanded from the petitioner on account of the previous owner's liability. Writ petition is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008