LUKA Vs. KERALA STATE ELECTRICITY BOARD & ANOTHER

JUDGEMENT

(1.) THIS is an appeal from an order dismissing an original petition filed by the appellant under Article 226 of the Constitution. The Palai Mills Ltd., owed money to the 1st Respondent the Kerala Electricity Board, as cost of power supplied, sales -tax etc., and the building and machinery of the company were attached and sold under the Revenue Recovery Act for relization of the same. The petitioner purchased the building and machinery in revenue sale for a sum of Rs. 585 and after confirmation of the sale he applied for the supply of electricity for running the mill in the building. This was refused on the ground that the Palai Mills Ltd., still owed a sum of Rs. 579 -24 as arrears and interest and that the said sum, also had to be paid before the prayer could be granted. This was communicated to the petitioner by the Chief Engineer's Letter Ext. P1 dated 20 -12 -1957 which reads as follows:

(2.) THE only objection raised by the 1st Respondent was that the payment of arrears due from the Palai Mills Ltd. could be insisted on as a condition precedent for the supply of electricity to the premises formerly owned by the defaulting company and purchased by the petitioner in revenue sale. This objection was upheld on the strength of section 24(1) of the" Indian Electricity Act (IX of 1910). The learned Judge observes: