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High Court of KeralaWP(C)/26040/2015disposed of

Reliance Jio Infocomm Limited v. Kannan Devan Hills Plantation Company Pvt. Ltd

2015-10-06Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 26040 of 2015 (D) --------------------------------------- PETITIONER(S):

---------------------- RELIANCE JIO INFOCOMM LIMITED, PUKALAKKATTU KARIYATTU TOWER, NEAR YATHRI NIVAS, MAMANGALAM, REPRESENTED BY ITS BUSINESS HEAD MR.VINOD GIYAL.

BY ADV. SRI.M.JITHESH MENON RESPONDENT(S):

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

1. KANNAN DEVAN HILLS PLANTATION COMPANY PVT. LTD, KDHP HOUSE, MUNNAR, IDUKKI DISTRICT, REPRESENTED BY ITS GENERAL MANAGER-685612.

2. THE SENIOR MANAGER-ENGINEERING, ENGINEERING DEPARTMENT, KANNAN DEVAN HILLS PLANTATION CO. PVT. LTD., KDHP HOUSE, MUNNAR, IDUKKI DISTRICT-685612.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 26040 of 2015 (D) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE LEASE DEED DATED 11.4.2015. EXHIBIT P2: TRUE COPY OF THE APPLICATION DATED 26.5.2015. EXHIBTI P3: TRUE COPY OF THE PERMIT DATED 25.6.2015. EXHIBIT P4: TRUE COPY OF THE APPLICATION DATED 21.7.2015. EXHIBIT P5: TRUE COPY OF THE LETTER DATED 29.7.2015. EXHIBIT P6: TRUE COPY OF THE JUDGMENT IN WPC NO.17786/15 DATED 19.6.15. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 26040 of 2015 ===================================================== Dated this the 6th day of October, 2015

JUDGMENT

The challenge in the writ petition is against Ext.P5 letter of the 2nd respondent rejecting the application of the petitioner for a new electric connection to building Nos. IX/615 and IX/615A of Munnar Grama Panchayat, on the ground that there is an SLP pending before the Hon'ble Supreme Court, where an order of status-quo has been passed. Petitioner would rely on Ext.P6 judgment of this Court, where, under similar circumstances, and taking note of the pendency of the SLP before the Hon'ble Supreme Court, this Court had directed the respondents to provide electricity connection to premises within the Munnar Grama Panchayat, subject to the condition that the petitioner satisfies all other requisite conditions for obtaining the electric connection.

Inasmuch as the petitioner in the instant writ petition is also similarly situated, I direct the respondents to provide electricity connection to the premises bearing building Nos. IX/615 and IX/615A of Munnar Grama Panchayat, within a period of one month from the date of receipt of a copy of this judgment, subject to the petitioner complying with the necessary conditions for the same.

-2W.P.(C). No. 26040 of 2015 pronouncing on the legality of the constructions put up by the petitioner, which matter will be decided on the basis of the outcome of the proceedings pending before the Hon'ble Supreme Court.

The writ petition is disposed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das 07.10.2015