K.S.RADHAKRISHNAN, G.SASIDHARAN
Dennis – Appellant
Versus
Official Liquidator – Respondent
1. Appellants in both the appeals are challenging Regulation.15(e) of the Regulations relating to Conditions of Supply of Electrical Energy as arbitrary, illegal and ultra vires of the powers conferred on the Board under S.79-J of the Electricity Supply Act. On the basis of Regulation.15(e) the Board could deny reconnection or new connection to any premises where there are arrears on any account due to the Board. However, if the new owner/occupier/allottee remits the amount due from the previous consumer, the Board shall provide reconnection or new connection depending on whether the service remains disconnected/ dismantled. The regulation also enables the Board to refund the amount to the new owner or occupier on realisation of the same from the previous consumer through revenue recovery or other legal proceedings.
2. Appellants in these appeals admit that there were arrears of electricity dues from the previous consumers. As far as M.F.A. No. 100 of 2001 is concerned, admittedly an amount of Rs. 86,54,711.41 was due as on 30.6.1999. In the case of M.F.A. No. 187 of 2001, an amount of Rs. 5,08,000/- is said to be due to the Board from the previous consumer. Appellants m
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