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2005 Supreme(Ker) 461

RAJEEV GUPTA, K.S.RADHAKRISHNAN, KURIAN JOSEPH
Suraj K. R. – Appellant
Versus
The Secretary, Kerala State Electricity Board – Respondent


Judgment :-

K.S. Radhakrishnan, J.

The 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.

2. Three Division Benches of this court in Ramachandran v. K.S.E. Board (2002 (2) KLT 694), K.J. Dennis v. Liquidator (2001 (2) KLJ 75) and Seena B. Kumar v. Asst. Executive Engineer (2003 (3) KLT 987) have upheld the right of the Board, correctness of which was doubted by another Division Bench and referred the matter to a larger Bench for an authoritative pronouncement and hence the matter was placed before us.

3. Writ petitioner has purchased about 3 acres and 19¼ cents of land in Porathusseri village in Mukundapuram taluk in public auction conducted under the provisions of the Kerala Revenue Recovery Act for an amount of Rs.15,65,000/-. Electricity connection was not available in the premises when it was purchased. Electricity supply was disconnected from the premises due to non-payment of electric





















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