High Court of KeralaWP(C)/1817/2014disposed of

Remeshan v. Assistant Engineer

2015-04-09Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 1817 of 2014 (B) --------------------------- PETITIONER:

-------------------------- REMESHAN, AGED 43 YEARS S/O.BAVAN, THEKKECHERUVIL HOUSE, AZHEEKAL.P.O. VYPEEN, REPRESENTED BY POWER OF ATTORNEY SABITHA AGED 39, THEKKECHERUVIL, AZHEEKAL.P.O.

VYPEEN, ERNAKULAM DISTRICT.

BY ADVS.SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN RESPONDENTS:

----------------------------

1. KERALA STATE ELECTRICITY BOARD REP.BY ASSISTANT ENGINEER MALIPURAM ELECTRICAL SECTION, MALIPURAM-682 511.

2. VILLAGE OFFICER PUTHUVYPE, ERNAKULAM-682 508.

* ADDL. R3 IMPLEADED

3. THE TAHSILDAR KOCHI, TALUK * ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 06.03.2013 ** ADDL. R4 IMPLEADED

4. BEATRICE, AGED 62 YEARS W/O. JOSEPH, LANTHAPARAMBIL HOUSE AZHEEKKAL VILLAGE KOCHI TALUK - 682 001 ** ADDL. R4 IS IMPLEADED AS PER ORDER DATED 22.07.2014 IN I.A. NO. 9285/2014 R1 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R3 BY ADV. GOVERNMENT PLEADER SRI. GIKKU JACOB R4 BY ADVS. SRI.A.X.VARGHESE SRI.A.V.JOJO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1817 of 2014 (B) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE SAID COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 18.4.2012.

P2TRUE COPY OF THE JUDGMENT DATED 24.6.2013 IN WP[C]NO.13820 OF 2013.

P3TRUE COPY OF THE APPLICATION ALONG WITH THE RELEVANT DOCUMENTS.

P4TRUE COPY OF THE REPRESENTATION DATED 7.10.2013. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 1817 OF 2014 ---------------------------------------- Dated this the 9th day of April, 2015

JUDGMENT

O.S. No. 38/2013 on the file of the Court of the Subordinate Judge of Kochi has been filed by the additional fourth respondent against the petitioner for recovery of possession on title. O.S. No. 43/2013 on the file of the Court of the Munsiff of Kochi has been filed by the petitioner against the additional fourth respondent and others for injunction and other reliefs. Both the suits are in relation to the same residential property and the parties are at liberty to move for transfer and consolidation of the suits.

There is no reason to delay the grant of electricity connection to the premises owing to the pendency of the civil suits referred to above. The first respondent is directed to provide electricity connection to the premises admittedly occupied by the petitioner within a period of one month from today. It is made clear that the grant of electricity connection shall not affect the contentions of either parties in the suits

W.P.(C). NO. 1817 OF 2014 2 pending. The successful party in the suits would continue to get the benefit of the electrical connection now provided to the premises.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE