IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 2658 of 2005(N) ------------------------- PETITIONER(S): --------------- V.P.PADMAKUMAR, MADHAVAPPILLIL HOUSE, NETTOOR P.O. MARADU, ERNAKULAM DISTRICT. BY ADV. SRI.JOHN K.GEORGE SRI.C.K.SURESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, TRIVANDRUM. 2. THE DEPUTY TAHSILDAR (RR), KANAYANNOOR TALUK, ERNAKULAM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, TRIPUNITHURA. BY STANDING COUNSEL SRI C.K.KARUNAKARAN ADV. SRI.N.D.PREMACHANDRAN, SC, KSEB FOR R3 SRI.KODOTH SREEDHARAN, SC, KSEB FOR R3 R1 & R2 BY G.P. SRI MATHEW VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC 2658/05) PETITIONER'S EXTS: EXT.P1: PHOTO COPY OF THE PARTITION DEED DATED 9.12.1996. EXT.P2: PHOTO COPY OF THE DEMAND NOTICE DATED 19.7.2004 ISSUED BY THE 2ND RESPONDENT WHICH IS SERVED ON THE PETITIONER ON 17.11.2004. EXT.P3: PHOTO COPY OF THE REPLY FORWARDED TO THE 2ND RESPONDENT DATED 18.11.2004. EXT.P4: PHOTO COPY OF THE REPLY FORWARDED TO THE 3RD RESPONDENT BY THE PETITIONER DATED 18.11.2004. //TRUE COPY// KVM/- C.N. RAMACHANDRAN NAIR, J. ---------------------------------------- WPC. No.2658 of 2005 ---------------------------------------- Dated, the 19th day of August, 2009 JUDGMENT The petitioner is challenging the recovery proceedings for recovery of arrears of electricity charges due from the late mother of the petitioner. The petitioner's case is that after the death of the defaulter, the house in which connection was given is that of his brother. However, I do not think the contention of the petitioner is tenable because after the death of the defaulter, defaulter's property can be proceeded against for recovery of arrears. If defaulter has sold the property before her death or after her death by legal heirs, such property should not be proceeded with. I hold that the arrears of electricity dues can be recovered from the defaulter's property presently held by any of the legal heirs including the petitioner. However, since the matter is pending for long and since the defaulter is no more, I feel that interest and other charges could be WPC NO.2658/05 -:2:- waived provided the actual arrears shown in Ext.P2 namely, 4367/- is paid by any of the legal heirs or the legal heirs together within a period of one month from the date of receipt of a copy of this judgment. However, if the payment is not made, arrears can be recovered with interest and other charges by attaching and sale of defaulter's property held by the legal heirs. The writ petition is disposed of as above. C.N.RAMACHANDRAN NAIR JUDGE kvm/- WPC NO.2658/05 -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..