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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P.
Bipha Drug Laboratories Pvt. Ltd., Represented By Its Director, Ajay George Varghese, S/o. Late George Varghese – Appellant
Versus
Kerala State Electricity Board Ltd., Represented By Its Chairman – Respondent
| Table of Content |
|---|
| 1. petitioner engaged in manufacturing seeks additional electricity service. (Para 1 , 2 , 3) |
| 2. legal actions were initiated regarding service connection demands. (Para 6) |
| 3. respondents uphold deposit requirement for previous dues as lawful. (Para 10 , 11 , 12) |
| 4. regulatory amendments could further clarify liability management in supply codes. (Para 28 , 36 , 41) |
| 5. court affirms framework governing electricity supply and consumer liabilities. (Para 29 , 31 , 32) |
JUDGMENT :
MOHAMMED NIAS C.P., J.
The petitioner in this writ petition is a private limited company engaged in the manufacture of Ayurvedic medicines, having its factory in Sheds No. B1, B2, B3 and B4 at the Industrial Estate, Ettumanoor, Kottayam, maintained and managed by the 6th respondent, Kerala Small Industries Development Corporation Limited. In connection with its expansion and requirement of additional space within the industrial estate, the Managing Partner of Vazhakala Rubber Industries transferred 38 cents of land and executed Exts.P1 and P2 consent letters. Thereafter, Ext. P3 order dated 28.03.2012 was issued by the 6th respondent, followed by the execution of Ext.P4 agreement dated 23.04.2012 bet
Regulation mandating deposit of previous consumer's electricity dues for new connections is lawful, ensuring protection of distribution licensee's interests.
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
(1) Duty to supply electricity under Section 43 of 2003 Act is not absolute and is subject to such charges and compliances stipulated by Electric Utilities as part of application for supply of electr....
An encumbrance to be a charge must be such a burden on land which, by reason of a statutory provision diminishes value of the land and such a burden, therefore, is capable of being found out on inspe....
Payment of the amount in one time settlement scheme available, which was in fact granted, and therefore, the judgment was even acted upon, and later the petitioner is not at liberty to turn around an....
Point of law : Electricity - unless a different intention appears, the repeal shall not affect the aspects contained under Section 6 of Act, 1897.
Point of law: Electricity – Recovery of due from subsequent owner - Article 62 of the Act, 1963 makes it clear that to enforce payment of money secured by a mortgage or otherwise charged upon immovab....
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