Kerala High Court
Thekkekarakayil Abdul Nazer vs Kerala State Electricity Board on 31 March, 2005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
TUESDAY, THE 7TH DAY OF JANUARY 2014/17TH POUSHA, 1935
WP(C).No. 6548 of 2013 (P)
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PETITIONER(S):
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THEKKEKARAKAYIL ABDUL NAZER,
S/O.LATE CHEKU, MANNINGALYIL HOUSE, MARACNHERY AMSOM
PARICHAKAAM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT
PIN 679581 REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
ABDUL GHAYYUM
S/O.ALI, AGED 30, AZHIKKALAYIL HOUSE
MARACNHERY AMSOM, PARICHAKAM DESOM, PONNANI TALUK
MALAPPURAM DISTRICT, PIN 679581.
BY ADVS.SRI.A.A.ZIYAD RAHMAN
SRI.LAL K.JOSEPH
SRI.V.S.SHIRAZ BAVA
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY VYDHYUDHIBHAVANAM
PATTOM, THIRUVANANTHAPURAM-695004.
2. THE SPECIAL OFFICER (REVENUE)
KERALA STATE ELECTRICITY BOARD, VYDHYUDHIBHAVAN
PATTOM, THIRUVANANTHAPURAM-695004.
3. DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE
ERNAKULAM-682031.
4. M/S.RASHTRA DEEPIKA LTD
OPP NORTH RAILWAY STATION, RAILWAY STATION ROAD
ERNAKULAM, PIN 682018
REPRESENTED BY ITS RESIDENT MANAGER.
R1 TO 3 BY ADV. SMT.P.K.RADHIKA-KSEB
R4 BY ADVS. SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6548 of 2013 (P)
APPENDIX
PETITIONERS' EXHIBITS
EXT.P1 COPY OF THE POWER OF ATTORNEY 10.12.2008
EXT.P2 COPY OF THE SALE DEED NO.4992/2005 DATED 31.03.2005 OF
SUB REGISTRAR OFFICE, EDAPPALLY
EXT.P3 COPY OF THE TAX RECEIPT DATED 16.05.2012
EXT.P4 COPY OF THE PROCEEDINGS DATED 9.03.2006
EXT.P5 COPY OF THE FINAL ORDER DATED 10.05.2006
EXT.P6 COPY OF THE B.O(FM) NO. HTB/10/1056/PENALTY/2006/1156
DATED 12.02.2007
EXT.P7 COPY OF THE DEMAND NOTICE RS.1,35,65,533/- DATED
22.06.2007
EXT.P8 COPY OF THE COMMUNICATION BEARING NO.AE/HT-GNL/RASHTRA
DEEPIKA/12-13/3445 DATED 12.10.2012
EXT.P9 COPY OF THE REPRESENTATION DATED 6.12.2011
RESPONDENTS' EXHIBITS
EXT.R1(A) COPY OF THE STATEMENT SHOWING THE DETAILS OF ARREARS IN
RESPECT OF M/S.RASHTRA DEEPIKA LTD.
/TRUE COPY/
P. A. TO JUDGE
Pn
C.K. ABDUL REHIM, J.
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W.P.(C). No. 6548 of 2013
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Dated this the 7th day of January, 2014
JUDGMENT
Issue involved in this writ petition is closely related to the subject matter of WP(C) No. 6340/2008 which was disposed of by this court on today, vide separate judgment. The petitioner herein is the purchaser of the property along with the building wherein the electric connection in question is provided. By virtue of judgment in WP(C) No. 6340/2008 the order imposing penalty against the earlier owner of the building was set aside and direction was issued to revise the computation of penalty.
2. In this writ petition the petitioner is seeking declaration to the effect that he is not liable to pay the amount of penalty assessed against the previous owner as well as the arrears of electricity charges with respect to the period prior to transfer of the property. The petitioner is also challenging Ext.P8 through which W.P.(C). No. 6548 of 2013 -2- transfer of electric connection into his name was declined on the basis that the penalty proceedings is pending in challenge before this court in WP(C) No. 6340/2008 and also on the ground that there is arrears due from the previous owner.
3. It is evident that the very same electric connection is continuing in the building which is purchased by the petitioner. Therefore the petitioner is liable to be proceeded with coercive steps of disconnection in case the arrears is defaulted payment. However, in view of the judgment in WP(C) No. 6340/2008 there is every possibility of liability of penalty being reduced to a considerable extent. Dispute between the petitioner herein and the petitioner in WP(C) No. 6340/2008 with respect to the liability for payment of amount of penalty if any reassessed, cannot be adjudicated in this writ petition.
4. Rejection of request of the petitioner for transfer of electric connection on the basis of pendency of WP(C) No.6340/2008 does not survive in view of disposal of the W.P.(C). No. 6548 of 2013 -3- said case. Once the penalty is revised and the arrears is paid either by the petitioner in WP(C) No. 6340/2008 or by the petitioner herein, the application for transfer has to be considered and disposed of on merits.
5. Reserving liberty of the petitioner to approach the concerned authority seeking such relief, this writ petition is disposed of.
Sd/-
C.K. ABDUL REHIM, JUDGE /true copy/ P. A. to Judge Pn