IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 23179 of 2009(N) -------------------------- PETITIONER(S): --------------- FR.K.M.ZACHARIA, KOODATHINKAL, PARIYARAM P.O., KOTTAYAM. (ALLOTTEE OF SHED NO.10 AND SHED NO.10A, INDUSTRIAL ESTATE, MINI INDUSTRIAL CO-OP.SOCIETY MANIMALA). BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. THE KOTTAYAM DISTRICT MINI INDUSTRIAL CO-OPERATIVE SOCIETY NO.1ND.(K.162), KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR, MANIMALA. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM. 3. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KSEB, CHANGANASSERY, KOTTAYAM. 4. ASST.ENGINEER, ELECTRICAL SECTION, KSEB, MANIMALA, KOTTAYAM. 5. DISTRICT COLLECTOR-KOTTAYAM, COLLECTORATE, KOTTAYAM. (CHAIRMAN, SINGLE WINDOW CLEARANCE BOARD, KOTTAYAM). 6. JAI MATHEW, KANNANTHANATHU HOUSE, KOTHALA P.O., KOTTAYAM DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R3,4 SRI.JOBY JACOB PULICKEKUDY FOR R6 SRI.ANIL GEORGE FOR R6 SRI.K.JAJU BABU FOR R1 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 23179/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE COMMUNICATION DTD.5.2.06.] P2. COPY OF THE COMMUNICATION DTD.27.11.06. P3. COPY OF THE MINUTES OF THE MEETING OF SWCB DTD.20.5.08. P4. COPY OF THE LETTER BY R2 TO R3. P5. COPY OF THE MINUTES DTD.26.5.09. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE CIRCULAR DTD.16.2006. B. COPY OF THE LETTER DTD.17.9.08. C. COPY OF THE LETTER DTD.15.11.08. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 23179 of 2009 ================== Dated this the 4th day of December, 2009 J U D G M E N T The petitioner is the allottee of shed Nos.10 and 10A in the Mini Industrial Estate, Manimala, under the Kottayam District Industrial Co-operative Society, the 1st respondent herein. After obtaining allotment of the sheds the petitioner applied for electricity connection. Electricity connection is refused to the petitioner on the ground that arrears of electricity charges are due from the former allottee, which the petitioner has to pay. Since I am of the opinion that the petitioner cannot be made liable for payment of arrears of electricity charges payable by the former allottee of the sheds, I directed the learned standing counsel for the KSEB to get instructions in the matter. The learned standing counsel today submits that in one of the sheds there is already an electricity connection in the name of the former allottee, which has not been dismantled. The Electricity Board is unable to dismantle the same also, because of an interim order issued by the CDRF in a petition filed by the former allottee. But the counsel for the petitioner submits that the petitioner would be satisfied with electricity connection to shed No.10A, in respect of which, there is no such objection. In the above circumstances, this writ petition is disposed of with a direction to respondents 3 and 4 to give electricity connection to w.p.c.23179/09 2 shed No.10A alloted to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment, provided the petitioner complies with all other statutory formalities without insisting on the petitioner paying any arrears of electricity charges payable by somebodyelse in respect of that shed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge