Jose Paul v. Kannan Devan Hills Plantation Co.Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 WP(C).No. 30676 of 2015 (H) ----------------------------------------- PETITIONER(S):

---------------------- JOSE PAUL, AGED 49 YEARS, S/O.PAULOSE, EDEN HOLIDAYS, SILENT VALLEY ROAD, MUNNAR, IDUKKI DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S):

------------------------- 1.

KANNAN DEVAN HILLS PLANTATION CO.LTD, MUNNAR, REPRESENTED BY ITS GENERAL MANAGER, K.D.H.P. HOUSE, MUNNAR, IDUKKI DISTRICT-685612. 2.

THE MANAGER (ENGINEERING), K.D.H.P.HOUSE, MUNNAR, IDUKKI DISTRICT-685612. BY SRI.P.NARAYANAN,SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 30676 of 2015 (H) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

TRUE COPY OF THE RECEIPT ISSUED BY THE MUNNAR GRAMA PANCHAYAT DATED 26/3/15 P2:

TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE DATED 29/7/15 P3:

TRUE COPY OF THE ORDER OF THE R2 DATED 19/6/15 RESPONDENTS' EXHIBIT ------------------------------------ NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.30676 of 2015 ............................................................. Dated this the 13th day of October, 2015

J U D G M E N T

The petitioner is aggrieved by the stand of the 1st and 2nd respondents, who are the licensees for supply of electricity to consumers in Munnar Grama Panchayath, that no electric connection can be given to the petitioner's building which is situated in Survey.No.62/28A of KDH village in Devikulam Taluk. The stand of the 1st respondent is premised on the fact that there is an order of status quo passed by the Supreme Court in an appeal filed by the State of Kerala against orders passed by this Court, in which the Supreme Court has directed the maintenance of status quo. I note in this connection that similar matters have come up for consideration before this Court and in W.P.(C).No.29836 of 2013, a single judge of this Court, by judgment dated 16.01.

2014, disposed the writ petition directing the respondents to provide electric connection to the petitioner's building on the basis of the application submitted, provided the petitioner satisfies the other eligibility conditions and complies with the necessary procedural formalities.

W.P.(C).No.30676 of 2015 application submitted by the petitioner provided the petitioner complies with all the statutory requirements and procedural formalities in connection with the same. If the petitioner is found eligible, in accordance with the statutory provision, for the electric connection, the same shall be provided to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment. It is made clear that, the grant of electric connection to the petitioner will not be construed as pronouncing on the legality of the construction put up by the petitioner and the same will be subject to the result of the proceedings pending before the Supreme Court.

A.K.JAYASANKARAN NAMBIAR JUDGE mns/15.10.15