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A.K.RAJA ANWAR S/O.P.B.KUNJU MOHAMMED versus THE ASSISTANT EXECUTIVE ENGINEER

High Court of Kerala

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A.K.RAJA ANWAR S/O.P.B.KUNJU MOHAMMED v. THE ASSISTANT EXECUTIVE ENGINEER - OP No. 14767 of 2002(G) [2006] RD-KL 3152 (12 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 14767 of 2002(G)

1. A.K.RAJA ANWAR S/O.P.B.KUNJU MOHAMMED
... Petitioner

Vs

1. THE ASSISTANT EXECUTIVE ENGINEER,
... Respondent

2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY)

3. T.C.JULIAT,H.NO.II/581,D/O.LATE CHACKO,

For Petitioner :SRI.T.A.SHAJI

For Respondent :SRI.C.C.THOMAS, SC, K.S.E.B

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :12/12/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No. 14767 of 2002

Dated this the 12th day of December, 2006



JUDGMENT

The challenge is on the recovery steps initiated as per Ext.P3. It is seen that the same is in respect of arrears of energy charges from 12/2001 to 2/2002. According to the petitioner he had transferred the property to the 3rd respondent as early as in 1996 as per Ext.P1 and the intimation thereof was given as per Ext.P2. The contention of the Board is that no such intimation was received. Be that as it may, it is admitted in the counter affidavit that the connection was dismantled on 18-12-2001. If that be so, there cannot be any arrears in respect of a dismantled connection after dismantlement. Apparently there is a mistake in Ext.P3. It is also to be noted that at the very premises where the connection was originally given there is another service connection. Under the Conditions of Supply of Electrical Energy there cannot be a service connection in the premises in respect of which there is arrears by way of an earlier electric connection. The 3rd respondent has stated in Ext.R1(b) that he has since transferred the property to another OP NO.14767/2002 person. Therefore, I quash Ext.P3 making it clear that it will be open to respondents 1 and 2 to realise the arrears, if any, in respect of the premises from the 3rd respondent or the subsequent transferee, where there is still a service connection. The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

O.P.NO.14767/2002

JUDGMENT

12th December, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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