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2003 Supreme(Ker) 467

K.A.ABDUL GAFOOR, J.M.JAMES
Seena B. Kumar – Appellant
Versus
Asst. Executive Engineer – Respondent


Judgment :-

1. When the Kerala Financial Corporation exercising their power under S.29 auctioned an industrial premises named M/s. Arjun Associates, the appellant/writ petitioner was the successful bidder. The bid was confirmed in her favour and the property was conveyed to her. Later she applied for electric connection in that premises. The K.S.E. Board there upon demanded the arrears of electricity charges payable by the former consumer. It was because of the arrears the electricity supply had been disconnected from the premises earlier. This demand in Ext. P4 was challenged in O.P. 10658/98. The challenge failed. Therefore this Writ Appeal.

2. It is contended by the appellant that the electric supply is given not to the premises but for the use of the owner of the premises. The appellant is the present owner of the premises. She had obtained it in an auction conducted by the Kerala Financial Corporation. Therefore she is in no way liable for the dues payable by the former owner or consumer as the case may be. She is in need of power supply. She applied for it. She shall be given power supply without insisting for payment of dues of the former owner or consumer.

3. On the other han








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