K G PURSHOTHAMAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Question that is posed for consideration in this case is whether the Electricity Board can demand arrears of electricity dues including penalty incurred by a previous consumer from a new owner/occupier/allottee of the same premises as a pre-condition for electricity connection under Regulation 15(e) of the Conditions of Supply of Electrical Energy after coming into force of the Electricity act, 2003.

(2.) Learned single judge following a Full Bench decision of this Court in Suraj v. KSEB, ILR 2005(3) Kerala 618 dismissed the writ petition holding that no direction can be given to the Electricity Board to give electricity supply to the petitioner unless the arrears are cleared. Counsel appearing for the appellant submitted that after coming into force of the electricity Act, 2003, the Supply Code 2005 and the KSEB Terms an Conditions of Supply 2005, Regulation 15(e) of the Conditions of Supply of Electrical Energy and the Full Bench decision of this court in Suraj's case are not applicable. Learned counsel appearing for the Board submitted that Regulation 15(e) of the Conditions of Supply of Electrical Energy is being followed even after coming into force of the Electricity Act, 2003 and hence the principle laid down by the Full Bench in Suraj's case would apply even after coming into force of the Electricity Act, 2003.

(3.) Counsel appearing for the petitioner referred to Regulation 7 of the Kerala State electricity Board Terms and Conditions of Supply, 2005 and submitted that the said provision only enables the Board to recover the arrears from the previous consumer/owner/occupier of the premises and not from the person who purchases the premises. Reference was also made to Regulation 12 of the Kerala State electricity Supply Code 2005and submitted that arrears can be realized only from the previous consumer.