Kerala High Court
K.N.Prabhakaran Nair vs Kerala State Electricity Board Ltd on 12 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 34433 OF 2017
PETITIONER:
K.N.PRABHAKARAN NAIR
THEKKEDATH HOUSE, 30/902, L, MOUNTAIN ROAD,
THYEKOODAM, VYTTILA P.O., KOCHI-682019.
BY ADVS.
SRI.C.K.KARUNAKARAN
SRI.B.JAYASANKAR
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM P.O.,
THIRUVANANTHAPURAM-695004.
2 THE ASSISTANT ENGINEER
ELECTRICAL SECTION, KERALA STATE ELECTRICITY
BOARD LIMITED, PALARIVATTOM-682025.
BY ADV SRI.ARUNKUMAR A., SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.34433 of 2017
2
S. MANU, J.
----------------------------------------------------
W.P.(C)No.34433 of 2017
------------------------------------------------------
Dated this the 12th day of June, 2024
JUDGMENT
The petitioner is the owner of the building bearing door
No.32/1787-A2 situated at Palarivattom. By lease
agreement dated 8.7.2002 the premises was let out to
M/s.Nest Group of Companies. As per the terms of the
lease agreement, the tenant was required to obtain
electricity connection and to pay the charges. The
respondent Electricity Board provided electricity connection
to the above said tenant after entering into an agreement
with the tenant.
2. The petitioner had to approach Rent Control Court
to evict the above said tenant on account of default of
payment of rent. He succeeded in the litigation and the
tenant vacated the premises. By Ext.P2 letter dated
30.4.2010 the petitioner intimated the respondent that the
tenant had vacated the premises. Thereafter, the premises
remained unoccupied for some time. Later, by Ext.P3 lease
agreement dated 7.6.2017 the premises was let out to
M/s.Castle and Cook Caterers Ltd. The new tenant
approached the 2nd respondent for electricity connection.
However, the same was refused stating that an amount of
Rs.70,447/- was remaining as arrears in the name of the
previous tenant. Ext.P4 letter was issued in this regard.
The petitioner submitted Ext.P5 letter in reply to the 2 nd
respondent. Thereafter, the petitioner was informed that an
amount of Rs.51,119/- being the principal amount of arrears
less interest shall be paid by the petitioner in order to
provide electricity connection to the new tenant. Having no
other option, the petitioner paid the said amount by way of
a demand draft. By Ext.P6 letter dated 18.9.2017 the
petitioner conveyed to the 2nd respondent that he was
making the payment under protest and sought refund. On
receipt of the amount from the petitioner new power
connection was provided to the new tenant.
3. In this writ petition the petitioner prays for
quashing Ext.P4 and to declare that he is not liable to make
the deposit towards arrears due from the previous tenant. A
further direction to the respondents to refund the amount
paid by the petitioner with interest is also sought.
4. I have heard the learned counsel for the petitioner
as well as the learned Standing Counsel appearing for the
respondent/Board.
5. The learned counsel for the petitioner referred to
Regulation 40 of the KSEB Supply Code, 2014 and
submitted that the respondent Board is bound to refund the
deposit after a period of three years along with interest at
bank rate. The relevant provision of Regulation 40 reads as
follows:-.
"(1) xxx xxx xxx
(2) xxx xxx xxx
(3) If a purchaser or lessee or occupier of
such premises requires a new connection, as the
earlier connection given to the previous
consumer in that premises has already been
disconnected and dismantled on the ground of
outstanding dues of the previous consumer, new
connection shall not be denied to such purchaser
or lessee or occupier of the premises provided he
furnishes a deposit which shall be equal to the
arrears of electricity charges and other liabilities
if any, excluding interest thereon, till the licensee
obtains from the appropriate legal forum an
order on the recovery of arrears and other
liabilities or till the licensee settles the arrears
and liabilities with the previous consumer or till
completion of three years, whichever is less.
Provided that on obtaining order from the
appropriate legal forum on the recovery of such
arrears of electricity charges and other liabilities,
or on settlement of the arrears and liabilities by
the licensee with previous consumer or on
completion of three years as aforesaid, the
licensee shall release the entire amount of
deposit furnished by such owner or lessee or
occupier of the premises, along with interest at
bank rate as on the date of furnishing such
deposit."
In view of the specific provision in Regulation 40 of the
Supply Code the respondent Board is bound to refund the
deposit with interest at bank rate. Therefore, I dispose the
writ petition directing the respondents 1 and 2 to refund the
sum of Rs.51,119/- (Rupees Fifty one thousand one
hundred and nineteen only), collected vide Ext.P7 receipt
together with interest at the rate of 6% per annum to the
petitioner within a period of two months from the date of
receipt of a copy of this judgment if the amount has not
already been refunded.
The writ petition is disposed of as above.
Sd/-
S.MANU,
JUDGE
skj
APPENDIX OF WP(C) 34433/2017
PETITIONER'S EXHIBITS
EXHIBIT P1- A TRUE COPY OF THE AGREEMENT OF LEASE
DATED 08/07/2002 BETWEEN PETITIONER AND
THE TENANT, M/S.NEST GROUP OF COMPANIES.
EXHIBIT P2- A TRUE COPY OF THE LETTER DATED
30/04/2010 SENT BY THE PETITIONER TO THE
RESPONDENTS.
EXHIBIT P3- TRUE COPY OF THE LEASE AGREEMENT
07/06/2017 ENTERED INTO BETWEEN
PETITIONER AND M/S.CASTLE AND COOK
CATERERS (P) LIMITED.
EXHIBIT P4- A TRUE COPY OF THE LETTER DATED
02/09/2017 SENT BY THE 2ND RESPONDENT TO
THE PETITIONER.
EXHIBIT P5- A TRUE COPY OF THE PETITIONER'S LETTER
DATED 04/09/2017 TO THE 2ND RESPONDENT.
EXHIBIT P6- A TRUE COPY OF THE PETITIONER'S LETTER
DATED 18/09/2017 ADDRESSED TO THE 2ND
RESPONDENT.
EXHIBIT P7- A TRUE COPY OF THE RECEIPT NO.0313589
DATED 20/09/2017 FOR PAYMENT OF A SUM OF
Rs.51,119/-.
