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2021 Supreme(Ker) 397

SHAJI P.CHALY
Jaisy Chacko – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. K.N. Radhakrishnan (Thiruvalla), Adv.
For the Respondent: Sri. Jaice Jacob, SC, Sri.Sudheer Ganesh Kumar, SC Sri.Surin George IPE, Senior Government Pleader

JUDGMENT :

This writ petition is filed by the petitioner, who was having a 3 phase electricity connection with consumer No. 14167 under the Assistant Executive Engineer, Electrical Section, Thengana, Changanacherry, Kottayam District, the third respondent. The connection was given on 10.06.2004 under the Minimum Guarantee Scheme. While so, the petitioner sold the property, including the electricity connection to respondents 6 and 7 on 30.04.2007, which according to the petitioner, was duly intimated to the third respondent. It is further submitted that the Assistant Executive Engineer has not taken any steps to change the name of the Consumer. However, Ext.P6 recovery notices dated 08.08.2012 under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968 (Act, 1968) had been issued against the petitioner claiming an amount of Rs.1,43,396/-. Aggrieved by the same, this writ petition is filed.

2. The basic contention advanced by the petitioner is that the amount is barred by limitation, since as per Section 56 of the Electricity Act, 2003 (Act, 2003), the alleged due is to be recovered within a period of 2 years and therefore, the action of the respondent Board is illegal and arbitra

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