High Court of KeralaWP(C)/12697/2015disposed of

Chadachi v. Kerala State Electricity Board

2015-05-27Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 12697 of 2015 (J) ---------------------------- PETITIONER:

------------------- CHADACHI, AGED 60 YEARS, W/O. CHADAYAN, PERIYAVURRAI ESTATE, LOWER DIVISION, NULLATHANNI, MUNNAR P.O - 685 612.

BY ADV. SRI.N.M.VARGHESE RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM -695 004.

2. THE KANNAN DEVAN HILLS PLANTATION COMPANY, REPRESENTED BY ITS SENIOR MANAGER DEPARTMENT OF ENGINEERING, REGIONAL OFFICE, MUNNAR P.O., IDUKKI - 685 612.

3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, CHITHIRAPURAM P.O., MUNNAR.

4. THE SECRETARY, DEVIKULAM BLOCK PANCHAYATH, BLOCK OFFICE, DEVIKULAM P.O., PIN - 685 613.

BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12697 of 2015 (J) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE CERTIFICATE OF OWNERSHIP NO. B6-961/15 DATED 12/02/2015 ISSUED IN THE NAME OF THE 4TH RESPONDENT.

EXHIBIT P1(a) - TRUE COPY OF THE RENT RECEIPT IN THE NAME OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT EXHIBITP2 - TRUE COPY OF THE APPLICATION DATED 10/03/2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 - TRUE COPY OF THE LETTER NO. C 12/2013 DATED 10/03/2015 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 - TRUE COPY OF THE COMMUNICATION NO. EG.10/1814 DATED 24/03/2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 - TRUE COPY OF THE JUDGMENT DATED 29/10/2014 IN W.P(C) 17864/2014 EXHIBIT P6 - TRUE COPY OF THE JUDGMENT IN W.P(C) 2499/2015 DATED 27/02/2015.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 12697 OF 2015 ------------------------------------ Dated this the 27th day of May, 2015

JUDGMENT

The direction to maintain status quo in W.A. Nos. 227, 224 and 574 of 2001 shall not affect the electrification. So is the case with regard to the direction to maintain status quo in SLP (Civil) Nos. 5049, 5066 and 5067 of 2007. 2.

The petitioner is an occupant of a room of the building belonging to the fourth respondent. There is no reason as to why electricity connection shall be denied to the petitioner therefore. The second respondent licensee has not chosen to appear in this writ petition despite service of notice. 3.

I direct the second respondent to provide electricity connection to the shop room of the petitioner if his application for the same is otherwise proper. The needful shall be done within a period of one month from the date of production of a copy of this judgment.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd