IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 24788 of 2009(P) -------------------------- PETITIONER(S): --------------- K.A.ZACHARIAH, KARUCHIRA, PALLITHOTTAM P.O., KOLLAM-691 006. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE DEPUTY COLLECTOR (R.R.), KFC, THIRUVANANTHAPURAM. 3. THE ASST. ENGINEER, KSEB, AYATHIL ELECTRICAL SECTION, KOLLAM. 4. THE KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 5. M/S.TRANSLINKS INDUSTRIES, PANTHALATHAZHAM, KOLLAM, REPRESENTED BY ITS PROPRIETOR, RADHAKRISHNAN. 6. THE TAHSILDAR, KOLLAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R3 & 4 G.P. SHRI.K.C.SANTHOSH KUMAR. ADV. S.SREEKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.24788 of 2009 ================== Dated this the 23rd day of September, 2009 J U D G M E N T The petitioner purchased certain properties in public auction conducted by the 2nd respondent-Deputy Collector (R.R.), Kerala Financial Corporation, Thiruvananthapuram. The petitioner submitted an application for allocation of power to the building situated in the property so purchased by him. The 3rd respondent has issued Ext.P6 letter to the petitioner stating that the previous owner of the premises was in arrears of electricity charges to the Kerala State Electricity Board to the tune of Rs.3,96,873/- and unless the petitioner pays that amount, the petitioner's application for allocation of power connection cannot be considered. The petitioner has got another grievance that the 6th respondent is not considering the petitioner's application for mutation in respect of the subject properties. The petitioner, therefore, seeks the following reliefs: “i) To call for the records leading to the issuance of Exhibit P6 and quash the same by issuing a writ of certiorari. ii) To issue a writ of mandamus directing respondents 3 and 4 to grant power connection to building number XI/458 in Kollam Corporation, belonging to the petitioner without payment of arrears due from the previous owner of the premises. iii) To issue a writ of mandamus directing the 6th respondent to effect mutation of the property comprised by the petitioner under Exhibit P2 in the petitioner's name.” 2. The learned standing counsel for the KSEB submits that formerly Regulation 12 of the Electricity Supply Code which stipulates that the purchaser of a property is not liable to make good the arrears 2 of electricity charges payable by the previous owner was stayed by the Electricity Regulatory Commission. That stay has subsequently been vacated. He would submit that it was in view of the said stay order that Ext.P6 communication was issued to the petitioner. 3. I have considered the rival contentions in detail. 4. Since the stay granted by the Commission has admittedly been vacated, respondents 3 and 4 cannot now insist on the petitioner paying the arrears of electricity charges payable by the erstwhile owner of the property as a condition for considering his application for power allocation. Accordingly, Ext.P6 is quashed and there would be a direction to respondents 3 and 4 to see that the petitioner's application for allocation of power is considered and appropriate orders passed without insisting on the petitioner paying arrears of electricity charges payable by the erstwhile owner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. As far as the third relief in respect of mutation of the properties is concerned, the petitioner submits that the petitioner has already got relief from the 6th respondent himself and therefore, it is not necessary to consider the said relief. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3