G.NAGENDRAN Vs. KERALA STATE ELECTRICIY BOARD

JUDGEMENT

(1.) Petitioner is the Managing Director of a private limited company registered under the Indian Companies Act, 1956 having its office at Edayar, Ernakulam District. The petitioner had responded to a notification issued by the official liquidator, High Court of Kerala, regarding the sale of some of the assets of a company in liquidation viz., M/s.A.M.A Food Products (P) Limited in Company Petition No.11/2003. The petitioner was a successful bidder as regards Lot No.5 and the sale was confirmed in favour of the petitioner, evident from Exhibit P1 communication dtd. 14/6/2010 issued by the official liquidator for an amount of Rs.1,62,88,000.00 (Rupees One Crore Sixty Two Lakhs and Eighty Eight thousand only) and directed the petitioner to pay the entire balance amount due.Petitioner had made the payment and consequently, the immovable and movable assets of the company in liquidation were handed over to the petitioner by the official liquidator as per Exhibit P2 proceedings dtd. 2/12/2010. The assets purchased and handed over consisted of land, factory building and machinery of the company in liquidation, which were used to operate a flour mill. The challenge in the writ petition is against Exhibit P3 demand raised by the 2nd respondent-Assistant Engineer K.S.E.B Ltd, towards electricity dues from the previous owner.

(2.) According to the petitioner, the petitioner along with another shareholder, had incorporated a private company in the name and style, "Bharat Wheat Products (P) Ltd., " for the purpose of operating a flour mill at the purchased premises. While so, petitioner realised that there is no electricity connection in the premises in question and therefore, he made an application for power connection to the Assistant Engineer, Electrical Sec. , Kerala State Electricity Board - the 2nd respondent, however, no action was initiated and on enquiry, petitioner was informed by the 2nd respondent that there were arrears of electricity charges amounting to Rs.36,70,200.00 (Thirty six lakhs seventy thousand and two hundred) from the company in liquidation and that, power connection could not be given to the premises unless such arrears were cleared.

(3.) It seems when the petitioner requested for a written communication, Exhibit P3 dtd. 27/6/2011 was issued to the petitioner stating that an amount of Rs.36,70,200.00 is remaining due from the previous consumer and therefore the application for power connection submitted by the petitioner is kept pending for instruction from the higher authorities. It is thus challenging the legality and correctness of the said intimation, the writ petition is filed.