IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 29840 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. SRI.POORNA ROLLER FLOUR MILLS (P) LTD., 17/56,POOTHOLE,THRISSUR,REPRESENTED BY ITS MANAGING DIRECTOR,T.P.VISHWANATHAN. 2. M/S.SAI SERVICE STATION LTD., POOTHOLE,THRISSUR,REPRESENTED BY ITS GENERAL MANAGER,P.G.SUNIL. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH SRI.P.A.ABISH RESPONDENT(S): --------------- 1. THE CORPORATION OF THRISSUR, REPRESENTED BY ITS SECRETARY,THRISSUR. 2. THE CONSUMER GRIEVANCE REDRESSAL FORUM, CORPORATION OF THRISSUR,REPRESENTED BY ITS CHAIRMAN. 3. THE ASSISTANT SECRETARY, ELECTRICITY DIVISION, THRISSUR CORPORATION,THRISSUR. 4. THE SECRETARY, ELECTRICITY DIVISION, THRISSUR CORPORATION,THRISSUR. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R1, 3, 4 MR.LELLULAL T.G.THUNDATHIL FOR R1, 3, 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 29840 of 2009 ................................................. Dated this the 20th day of November, 2009 J U D G M E N T The 1st petitioner is the owner of a land in which he had earlier an electricity connection. He committed default in payment of arrears of electricity charges. In respect of the same, disputes have arisen. Ultimately the petitioner filed a petition before the Consumer Grievance Redressal Forum constituted under the Electricity Act, in respect of the dispute, which is pending. Since the forum has not been reconstituted after retirement of one of the members, the 1st petitioner's petition is not being heard complains the petitioners. In the meanwhile, the 1st petitioner decided to lease out the premises to the 2nd petitioner for conducting an automobile workshop. The 2nd petitioner has applied for a new electricity connection in those premises. The said application was not accepted by the respondent on the ground that the 1st petitioner defaulted the payment of arrears of electricity charges. According to the petitioner, there was an agreement between the 1st petitioner and the licencee that on payment of the admitted arrears, reconnection would be granted pending the consideration W.P(C) No. 29840 of 2009 -2- of the petitioner's petition by the CGRF. According to the 1st petitioner, the present refusal of the respondent to give electricity connection to the 2nd petitioner is violation of that agreement. 2. The learned standing counsel for the licensee opposes the prayers. According to the standing counsel, in so far as the 1st petitioner has defaulted payment of arrears unless and until the arrears are paid no electricity connection can be given to the very same premises which is still owned by the 1st petitioner. In view of the dispute, on 11.11.2009, I enquired with the standing counsel as to whether the licensee is prepared to give fresh electricity connection to the premises if the 1st petitioner provides adequate security for payment of all amounts due in respect of which petition filed by the 1st petitioner is pending before the CGRF. Today, the learned standing counsel for the licensee submits that they are prepared to give electricity connection to the premises in the name of the 2nd petitioner on the 1st petitioner furnishing adequate security for payment of the balance arrears due from him and the petitioners produces an agreement between them showing that the 2nd petitioner has lawfully taken the premises on lease from the 1st petitioner. It is also stipulated that the 1st petitioner should express his willingness in writing for giving electricity connection W.P(C) No. 29840 of 2009 -3- in the premises owned by him in the name of the 2nd petitioner. 3. In view of this agreement, I dispose of this writ petition with the following directions: The respondent shall give electricity connection to the premises belonging to the 1st petitioner in the name of the 2nd petitioner on the following conditions: (a) The 1st petitioner shall furnish adequate security for payment of all amounts due from him in respect of the dispute which is pending before the CGRF. (b) The petitioners shall produce an agreement executed between them for lease of the premises to the 2nd petitioner by the 1st petitioner. (c) The 1st petitioner shall also furnish a consent in writing agreeing that he has no objection in the respondents granting electricity connection to the premises in question owned by him in the name of the 2nd petitioner. sd/- S. SIRI JAGAN, JUDGE rhs //True copy // PA to Judge