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1958 Supreme(Ker) 213

KUMARA PILLAI, T.K.JOSEPH
Souriyar Luka – Appellant
Versus
KSEB – Respondent


Judgment :-

1. This is an appeal from an order dismissing an original petition filed by the appellant under Art.226 of the Constitution.

2. The Palai Mills Ltd., owed money to the 1st Respondent the Kerala Electricity Board, as cost of power supplied, sales tax, etc., and the building and machinery of the company were attached and sold under the Revenue Recovery Act for realization of the same. The petitioner purchased the building and machinery in revenue sale for a sum of Rs. 565 and after confirmation of the sale he applied for the supply of electricity for running the mill in the building. This was refused on the ground that the Palai Mills Ltd., still owed a sum of Rs. 579-n P. 24 as arrears and interest and that the said sum also had to be paid before the prayer could be granted. This was communicated to the petitioner by the Chief Engineer's letter Ext. P1 dated 20-12-1957 which reads as follows:

"With reference to the petition cited above, Sri Souriar Luka is informed that the arrears have to be remitted to this Board before he can get reconnection of the service. An amount of Rs. 579-24 is outstanding against the old consumer and Rs. 3-92 will accrue monthly as interest till










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