P.P.Jamaludheen v. Assistant Executive Engineer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 31594 of 2015 (Y) ------------------------------------------- PETITIONER(S) :

-------------------------- P.P.JAMALUDHEEN, AGED 37 YEARS, S/O.ABDUL KHADER, MANAGING PARTNER, M/S.KASARAGOD BONE MILL AND FERTILIZER, KANHIRAPOIL.P.O., MADIKAI, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S) :

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

1. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION, NILESHWAR, KASARAGOD DISTRICT- 671 314.

2. THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, VIDHYA NAGAR, KASARAGOD DISTRICT- 671 121.

3. MEENAKSHI P, AGED 54 YEARS, W/O.NARAYANAN, KOTHOTTU KOOVAKKARA, P.O.KANHIRAPOIL, MADIKAI VILLAGE, HOSDURG TALUK- 671 314.

R1 BY ADV. SRI.JAICE JACOB, S.C ADV. SRI.SAJEEVKUMAR K.GOPAL, S.C R2 BY GOVERNMENT PLEADER SMT.LILLY.K.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 31594 of 2015 (Y) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- P1:

A TRUE COPY OF THE RECEIPT DATED 08.07.2015 SHOWING THE PAYMENT.

P2:

A TRUE COPY OF THE PHOTOGRAPHS.

P3:

A TRUE COPY OF THE RECEIPT DATED 17.08.2015.

P4:

A TRUE COPY OF THE RECEIPT DATED 17.08.2015.

P5:

A TRUE COPY OF THE REPRESENTATION DATED 22.08.2015. P6:

A TRUE COPY OF THE FEASIBILITY CERTIFICATE DATED 20.02.2015 ISSUED BY THE 1ST RESPONDENT.

P7:

A TRUE COPY OF THE ORDER DATED 15.09.2015 IN W.P[C]NO.27509 OF 2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.31594 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November 2015

JUDGMENT

The petitioner who had applied for an electricity connection from the respondent Board is aggrieved by the delay occasioned by the 1st respondent board in granting the said electricity connection. It is submitted on behalf of the petitioner that he has complied with all the necessary statutory formalities required for obtaining the electric connection and, for reasons best known to the 1st respondent, it has been delaying the supply of electricity to the petitioner's unit.

2. I have heard the learned counsel for the petitioner, the learned standing counsel for the respondent board and the learned Government Pleader for the 2nd respondent.

3. The learned standing counsel for the 1st respondent board would submit that, based on a complaint received from one Smt.Narayani, to the effect that the electric line that was proposed to be drawn by the 1st respondent to the petitioner's premises was passing through her property, the matter has been referred to the

W.P.(c).No.31594 of 2015 : 2 :

2nd respondent for adjudication. The learned Government Pleader would submit that the 2nd respondent has called for a report from the Tahsildar, after directing him to conduct a local enquiry in the area, and the report from the Tahsildar is awaited. Under the said circumstances, I am of the view that the interests of justice would be served by directing the 2nd respondent to pass final orders in the matter referred to it by the 1st respondent, within a period of one month from the date of receipt of a copy of this judgment, after hearing all necessary parties including the petitioner. The writ petition is disposed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/