Radhakrishnan, Ag. CJ.

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 anew 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. K.S.E.B. 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 K.S.E.B. Terms and 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 comin