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1998 Supreme(Ker) 232

K.S.RADHAKRISHNAN
Seena B. Kumar – Appellant
Versus
Asst. Executive Engineer, Electrical Major Section, Mavelikkara – Respondent


Advocates:
A.K. Alex, for Petitioner; S. Ramesh Babu, Addl. Standing Counsel, for KSEB; Govt. Pleader N. Raghu Raj, for Respondent 5.

ORDER :- The question that falls for consideration is whether occupier of a builsing is obliged to clear arrears of electricity charges due from the previous occupier in order to get electric connection to his premises.

2. The building in question is situated in 18 cents 500 sq. links of land in survey No. 411/1A, 28/11B etc. of Mavelikkara Village, Proverty originally belonged to one S.S. Unni who bor-rowed loan from the Kerala Financial Corporation for setting up an industry under the name and style 'Priya Cattle Feed'. In order to secure the loan he created an equitable mortgage of the pro-perty by deposit of title deed. Loan was not re-paid and K.F.C. took possession of the property and sold in a public auction.

3. Petitioner purchased the said property in public auction for an amount of Rs. 3,38,000/-. By the time electric connection was already disconnected by the Board for non-payment of electricity charges. Petitioner wanted to set up as S.S.I. unit under the name and style "M/s. Arjun Associations" in the said property. He applied for electric connection. Ext. P 3 is an application to that effect. Application was rejected by the Board stating that electric connection would b










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