Dr.K.P Meeran Sahib v. Kerala State Electricity Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 2209 of 2015 (A) ----------------------------------- PETITIONER:
-------------------------- DR.K.P MEERAN SAHIB AGED 69 YEARS S/O. LATE PAREED KOTTAPARAMBIL HOUSE PEZHAKAPILLY P.O.
MOOVATTUPUZHA TALUK PIN - 686 673 BY ADVS.SRI.ESM.KABEER K.M AMINA BEEVI RESPONDENTS:
---------------------------- 1.
KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, PATTOM TRIVANDRUM, PIN - 695 004 2.
THE EXECUTIVE ENGINEER ELECTRICAL DIVISION, MOOVATTUPUZHA ERNAKULAM - 686 673 3.
THE ASSISTANT ENGINEER ELECTRICAL SECTION, VELLOORKUNNAM MOOVATTUPUZHA, ERNAKULAM - 686 673 4.
K.C. MAZOOD KANDARATHY, EZHIKKARA NORTH PARAVOOR ERNAKULAM - 682 084 R1 TO R3 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2209 of 2015 (A) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :
COPY OF THE AGREEMENT DATED 25.08.2006 P2 :
COPY OF AGREEMENT DATED 01.04.2011 P3 :
COPY OF JUDGMENT IN W.P.(C). NO. 24344/2008 DATED 02.01.2013 P4 :
COPY OF JUDGMENT IN W.P.(C). NO. 10710 OF 2008 DATED 28.03.2008 P5 :
COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH RESPONDENT DATED 22.03.2008 P6:
COPY OF REPRESENTATION DATED 07.04.2008 P7:
COPY OF INTIMATION DATED NIL ISSUED BY THE THIRD RESPONDENT P8:
COPY OF NOTICE DATED 12.01.2015 OF THE THIRD RESPONDENT P9:
COPY OF REPLY ISSUED BY THE 3RD RESPONDENT DATED 12.01.2015 P10:
COPY OF JUDGMENT IN W.P.(C). NO. 22454/2012 DATED 09.09.2013 P11:
COPY OF REPRESENTATION BEFORE THE SECOND RESPONDENT DATED 15.01.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 2209 OF 2015 ---------------------------------------- Dated this the 21st day of January, 2015
JUDGMENT
Regulation 19(3) of the Kerala State Electricity Board Terms and Conditions of Supply, 2005 which apply to the case on hand is as follows:- "(3) When there is transfer of ownership or right of occupancy of the premises, the registered consumer shall intimate the transfer of right of occupancy of the premises within 7 days to the Asst.
Engineer/Asst.
Executive Engineer concerned. On such intimation having been received, the service shall be disconnected, after giving notice to the occupants. If the transferee desires to enjoy service connection, he shall pay the dues to the Board and apply for transfer of ownership of service connection within 15 days and execute fresh agreement and furnish additional security."
The petitioner has evidently not intimated the transfer of right of occupancy of the premises to respondents 2 and 3 as enjoined in Regulation 19(3). The petitioner cannot escape from the liability of the unauthorised usage of electricity when the electricity connection stood registered in his name. I am
W.P.(C). NO. 2209 OF 2015 2 fortified in this view by the judgment dated 12.08.2014 in W.P.(C). No. 16045/2014.
2.
Ext. P11 representation submitted by the petitioner is now pending consideration with the second respondent. The second respondent shall consider the same and explore the possibility of granting the benefit of one time settlement scheme to the petitioner. This is so notwithstanding the fact that the period for availing the one time settlement scheme has already expired. Necessary orders on Ext. P11 representation shall be passed by the second respondent with notice to the petitioner within a period of two months. The electricity connection to the premises of the petitioner shall not be snapped in the meanwhile. This is subject to the condition that the petitioner remits a sum of Rs. 3,00,000/- (Rupees Three Lakhs only) towards the dues within a period of one month from today.
The writ petition is disposed of. No costs.
V. CHITAMBARESH JUDGE