The petitioner has approached this Court stating that the request made by her to provide a new electric connection to the building bearing No. CC.30/1230 of the Cochin Corporation, having an extent of 1369 square feet, is rejected by the respondents stating that much arrears are to be satisfied by the erstwhile occupier of the premises.
2. The case put up by the petitioner shows that the building constructed by the petitioner was given on rent to M/s. 'Varkery's Retail Ventures Private Limited', who was running a shop under the name and style as 'V Mart' departmental store. The aforesaid lessee had made necessary application to the Board and obtained High Tension consumer connection with Consumer No.20/4164. The occupier/lessee committed default with regard to electricity charges right from the year 2010 and subsequently the power supply was disconnected. The instillation was dismantled on 25.02.2013. It is stated by the petitioner that there was default with regard to satisfaction of the rent as well.
Under such circumstances, the petitioner had filed a petition before the Rent Control Court, Ernakulam as R.C.P.No.24/2012 for eviction. On conclusion of the trial, the said case was allowed in favour of the petitioner and the building was delivered back to the petitioner after eviction. It was thereafter that the petitioner had filed Ext.P1 application before the respondents for providing a fresh connection to the aforesaid building. The petitioner has been let known as per Ext.P2 communication dated 11.09.2014 issued by the 3rd respondent that, unless the petitioner satisfies a sum of `3,29,951/- the request made by the petitioner to provide fresh connection, is not liable to be considered. This made the petitioner to approach this Court by filing the writ petition pointing out that the 1st respondent has not taken any steps to recover the arrears from the erstwhile occupier of the premises and as such, the condition now imposed vide Ext.P2 is not liable to be honoured or satisfied. The petitioner has also raised a ground (Ground No.D) that the period of three years contemplated under Clause 40(3) of the Supply code is already over, and as such, the petitioner is entitled to be provided with fresh connection as sought for.
3. The respondents 1 to 3 have filed a counter affidavit as to the sequence of the events, also producing a copy of the consent given by the petitioner at the time of filing application for providing electric connection, as Ext.R1(a). The learned standing counsel submits that the respondent Board has already taken steps for recovering amounts from the previous occupier and the R.R. proceedings are still pending. Once the period prescribed under Regulation No.40(3) of the Supply Code, 2014, is over, the amount to be deposited by the petitioner as per Ext.P2 in terms of the stipulation under the aforesaid Regulation, could be returned to the petitioner. Regulation 40(3) of the Supply Code reads as follows:
“(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.”
4. After hearing both the sides the writ petition is disposed of, with liberty to the petitioner to satisfy the amount demanded as per Ext.P2; upon which fresh connection shall be given to the petitioner, subject to satisfaction of all prescribed requirements. The refund shall be effected to the petitioner in terms of Regulation No.40(3) of the aforesaid Regulations.
The writ petition stands disposed of. It is for the respondent Board to take further steps for expediting the recovery proceedings from the previous consumer.
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P.R. RAMACHANDRA MENON, JUDGE.
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