BY AD v. ANTONY MUKKATH

BY ADV M.R.ANANDAKUTTAN ADV. M.HEMALATHA SR.GP SRI.V.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.01.2024, ALONG WITH WP(C).3410/2023, 21067/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -2- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 3410 OF 2023 PETITIONER/S: 1 2 3 KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY (ADMINISTRATION) VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004, PIN - 695004 THE DEPUTY CHIEF ENGINEER KSEB LTD., ELECTRICAL CIRCLE, POWER HOUSE, THIRUVANANTHAPURAM-695036, PIN - 695036 THE SPECIAL OFFICER (REVENUE) KSEB LTD., VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM- 695004, PIN - 695004 BY ADVS. ANTONY MUKKATH TOMY CHACKO RESPONDENT/S: 1 2 K. LALITHA AGED 72 YEARS EXECUTIVE DIRECTOR ATTUKAL SHOPPING COMPLEX PVT. LTD., MALL MANAGEMENT OFFICE, 2ND FLOOR, EAST FORT, THRIUVANANTHAPURAM 695023, PIN - 695023 THE STATE ELECTRICITY OMBUDSMAN DH ROAD, FORESHORE JUNCTION NEAR GANDHI SQUARE, ERNAKULAM PIN- 682016, PIN - 682016 BY ADVS. M.R.ANANDAKUTTAN WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -3- M.HEMALATHA(K/358/1977) SR.GP SRI.V.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, ALONG WITH WA.1248/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -4- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 21067 OF 2023 PETITIONER/S: A.V. RENGARAJ, AGED 69 YEARS S/O. VARADHARAJALU, RESIDING AT SHARENKI, TC 66/672-5, NEAR CGO COMPLEX, POONKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM -695522 BY ADVS. GEORGE MATHEW KARAMAYIL M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI MEDHA B.S. RESPONDENT/S: 1 2 3 KERALA STATE ELECTRICITY BOARD LTD., (KSEB LTD.) REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004 DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE (THIRUVANANTHAPURAM) KSEB LTD., POWER HOUSE BUILDINGS, THIRUVANANTHAPURAM, PIN - 695036 SPECIAL OFFICER REVENUE, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004 WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -5- 4 5 6 THE STATE ELECTRICITY OMBUDSMAN, KERALA, REP. BY ITS SECRETARY, D.H. ROAD & FORE SHORE ROAD JUNCTION, NEAR GANDHI SQUARE, ERNAKULAM, PIN - 682016 AUTHORIZED OFFICER/CHIEF MANAGER, DHALALAKSHMI BANK LTD., REGIONAL OFFICE, 2ND FLOOR, AMRUTH PLAZA, NALUMUKKU, PETTAH P.O, THIRUVANANTHAPURAM, PIN - 695024 MRS. K. LALITHA, W/O. A.K. SUGUNAN, AGED 72 YEARS, EXECUTIVE DIRECTOR, ATTUKAL SHOPPING COMPLEX PVT. LTD, MALL MANAGEMENT OFFICE, 2ND FLOOR, EAST FORT, FORT P.O., THIRUVANANTHAPURAM, PIN – 695023 BY ADV ANTONY MUKKATH FOR R1 TO R3 ADV.SHIFNA MUHAMMED SHUKKUR FOR ADV. SRI. C.K.KARUNAKARAN – R1 SR.GP SRI. K.P.HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, ALONG WITH WA.1248/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -6- JUDGMENT A.J.DESAI, CJ. The challenge in this appeal is against the judgment dated

09.01.2023, by which the learned Single Judge upheld the order dated 29.07.2022 of the State Electricity Ombudsman in the petition filed by one Smt. K. Lalitha, who purchased the property in auction from the original owner, i.e., writ petitioner in W.P.(C) No.21067/2023, namely, Sri. A.V.Rengaraj.

2. It appears from the record that, by passing the order dated

29.07.2022, the State Electricity Ombudsman has directed that the licensee, i.e. the present appellant, is permitted to recover arrears of energy charges from the security deposit of the registered owner as per the records of the licensee. It is an undisputed fact that the registered owner of the property with the licensee, i.e., Sri. A.V.Rengaraj was not made a party before the Ombudsman. Therefore, we are of the considered opinion that in absence of the registered owner of the property, to whom licence is issued by the Electricity Board, the Ombudsman ought not have issued such WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -7- direction.

3. Hence, without deciding the issue on merits, we quash and set aside the order passed by the Ombudsman as well as the learned Single Judge and remand the matter to the State Electricity Ombudsman for fresh consideration. Appeal Petition No.P/029/2022 is hereby revived. The registered owner, i.e., Sri. A.V.Rengaraj shall be impleaded as a party respondent in the aforesaid Appeal Petition No.P/029/2022. The Ombudsman shall decide the matter afresh after providing an opportunity of hearing to all concerned, as early as possible, preferably within a period of two months from today. The writ appeal is allowed and remanded back to the Ombudsman accordingly. Sd/- A.J.DESAI CHIEF JUSTICE Sd/- V.G.ARUN JUDGE

08.01.2024 WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -8- APPENDIX OF WP(C) 3410/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 TRUE COPY OF THE ORDER DATED 28-9-2021 IN O.P NO.51 OF 2021 OF THE CONSUMER GRIEVANCE REDRESSAL FORUM SOUTHERN REGION KOTTARAKARA TRUE COPY THE ORDER DATED 29-7-2022 IN APPEAL PETITION NO. P/029/2022 OF THE STATE ELECTRICITY OMBUDSMAN WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -9- APPENDIX OF WP(C) 21067/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 TRUE COPY OF REVISED HIGH TENSION (HT) SERVICE CONNECTION AGREEMENT DTD. 23.07.2009 TRUE COPY OF ORDER DTD.29.07.2022 IN APPEAL PETITION NO. P/029/2022 PASSED BY 4TH RESPONDENT TRUE COPY OF ARREAR/DISCONNECTION NOTICE DTD.17.12.2022 ISSUED BY 3RD RESPONDENT TRUE COPY OF JUDGMENT DTD. 09.01.2023 IN W.P. (C). NO. 172 OF 2023 TRUE COPY OF ORDER DTD. 15.03.2023 IN R.P. NO. 187 OF 2023 IN W.P. (C) NO. 172 OF 2023 TRUE COPY OF ORDER NO.SOR/HTB 16/4223/2022-23 DTD. 04.04.2023 TRUE COPY OF REQUEST ON 19.04.2023 MADE BY PETITIONER TO 2ND RESPONDENT TRUE COPY OF REQUEST ON 20.04.2023 MADE BY PETITIONER TO 2ND RESPONDENT WA NO. 1248 & W.P.(C) NOS.3410 & 21067 OF 2023 -10- APPENDIX OF WA 1248/2023 PETITIONER ANNEXURES Annexure1 COPY OF THE R.P. NO 187 OF 2023 IN WPC NO. 172 OF 2023