IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 29787 of 2004(U) -------------------------- PETITIONER: -------------- PUSHPA PAUL, AGED 41, W/O. K.C. PAUL, KAREPPARAMBIL HOUSE, KIZHATHADIYUR, P.O. PALA, KOTTAYAM DISTRICT. BY ADV. SRI.SEBASTIAN VARGHESE RESPONDENTS: ----------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, K.S.E.B., VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, K.S.E.B., ELE.SUB DIVISION, PALA, KOTTAYAM DISTRICT. 3. ASSISTANT ENGINEER, K.S.E.B., ELECTRICAL SECTION, PALA, KOTTAYAM DISTRICT. 4. SUNNY GEORGE, VATTAKKUNNEL HOUSE, 12TH MILE, "PALAKKAD ROAD" THEVARMATTOM, PALAI, KOTTAYAM DISTRICT. R1 TO R3 BY ADV. SRI.P. SANTHALINGAM(SR), SC, KSEB R4 BY ADV. SRI.P.V.JAYACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON,J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29787 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2011 JUDGMENT The petitioner has approached this Court with the following prayers: “i) call for the records leading to Ext.P2 and issue a writ of certiorari or any other appropriate writ or order quashing Ext.P2 notice, to the extent imposing liability on the petitioner; ii) issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to effect service connections to the newly constructed shopping complex of the petitioner, without insisting for the payments of arrears against the defaulted Consumer No.2816, as stated in Ext.P2; iii) issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 3to proceed against the assets of 4th respondent to recover the arrears revealed from Exhibit.P2 and further not to proceed against the assets of the petitioner for the recovery of the same; iv) issue a direction to the 3rd respondent to effect 24 separate service connections to the newly constructed shopping complex of the petitioner, within a time frame as fixed by this Honourable Court, pending disposal of the Writ Petition; v)issue a writ in the form of a declaration that clause 15 of the Conditions of Supply as well as Ext.P2 notice are un-enforceable against the petitioner, in the present case; vi) to issue any other reliefs as may deem fit and proper in the circumstances of the case.” WP(C) No. 29787 of 2004 -:2:- 2. When the matter came up for consideration before this Court on 13.10.2004, the following interim order was passed: “Standing Counsel takes notice for R1 to R7. Urgent notice to R4. If 4th respondent continues to be the defaulter for electricity charges, it would be open to the Board to take effective step against him including disconnection of any supply given to him and file a report in this Court. Post after two weeks.” 3. Subsequently, the above interim order has been varied as per order dated 29.10.2004, which reads as follows: “Heard. Respondents 1 to 3 shall provide electrical connection to the petitioner without insisting for clearing the arrears stated to be due from the 4th respondent. If the amounts due to the Board cannot be recovered from the 4th respondent as ordered by this Court as per the interim order dated 13.10.2004, they will be free to proceed against the petitioner.” 4. Today when the matter is taken up for final hearing, there is no representation for the petitioner. There is no representation for the Board as well. However, in view of the interim order dated WP(C) No. 29787 of 2004 -:3:- 29.10.2004, this Court finds it fit and proper to have the matter closed, making the said interim order absolute. P.R.RAMACHANDRA MENON, JUDGE ttb