Kerala High Court
G. Reghu vs Kerala Electricity Board
Author: A.V.Ramakrishna Pillai
Bench: A.V.Ramakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935
WP(C).No. 25223 of 2009 (W)
----------------------------
PETITIONER :
--------------------
G. REGHU, EDAYIL VEEDU
CHERYAZHKIL VEEDU, KARUNAGAPALLY.
BY ADVS.SRI.A.N.RAJAN BABU
SRI.P.GOPALAKRISHNAN
SRI.A.R.EASWAR LAL
RESPONDENT(S) :
----------------------------
1. KERALA ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY,
VAIDYUTHI BHAVAN, PATTOM
TRIVANDRUM.
2. THE EXECUTIVE ENGINEER,
ELECTRICAL DIVISION, KSEB,
KARUNAGAPALLY.
3. THE ASSISTANT EXECUTIVE ENGINEER,
KSEB, KARUNAGAPALLY.
4. THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KARUNAGAPALLY SOUTH.
5. B.VENU, PANCHAYAT MEMBER,
WARD NO.12, ALLAPADU PANCHAYATH, KARUNAGAPPALLY.
R1 TO R4 BY SENIOR ADVOCATE SRI.P.SANTHALINGAM, SC
BY ADV. SRI.S.SHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 25223 of 2009 (W)
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF CERTIFICATE OF ISSUING BUILDING NO. A.P. XI 190 A
ALLOTTED BY PANCHAYATH.
EXT.P2 COPY OF REPLY GIVEN FROM THE PANCHAYATH TO THE PETITIONER.
EXT.P3 COPY OF SHOW CAUSE NOTICE DB/U/ASE/27819/09-10/42 DT 6-6-09.
EXT.P4 COPY OF LAWYER NOTICE IN REPLY TO EXT.P2.
EXT.P5 COPY OF LETTER NO. DB/UASE-27819/9-10/94/24809 DT. 24-8-09
ISSUED BY THE BOARD.
RESPONDENT'S EXHIBITS :
EXT.R4(a) : PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER
TO THE 4TH RESPONDENT FOR ELECTRIC CONNECTION.
EXT.R4(b) PHOTOCOPY OF THE LETTER NO. A1-265/08 DATED 28-5-09 ISSUED
BY THE SECRETARY,ALAPPAD GRAMA PANCHAYAT TO THE 2ND
RESPONDENT.
EXT.R4(c) PHOTOCOPY OF THE RESOLUTION NO. IV(13) OF THE ALAPPAD
GRAMA PANCHAYAT COMMITTEE.
EXT.R4(d) PHOTOCOPY OF THE SITE MAHAZAR DATED 2-6-2009 PREPARED BY
THE 3RD RESPONDENT.
EXT.R4(e) PHOTOCOPY OF THE SITE MAHAZAR DATED 2-6-2009 PREPARED BY
THE 3RD RESPONDENT.
//TRUE COPY//
P.A. TO JUDGE
Mn
A.V. RAMAKRISHNA PILLAI, J.
--------------------------------------------------
W.P.(C) No. 25223 of 2009
--------------------------------------------------
Dated this the 19th day of March, 2014
J U D G M E N T
Aggrieved by the disconnection notice issued by the respondent Board, the petitioner has come up before this Court.
2. The petitioner alleges that he is a consumer under the 3rd respondent, his consumer number being 28719. According to the petitioner, the building to which the connection was obtained is within the local limits of Allapad Grama Panchayath. According to him, the electricity connection was given to the petitioner after due inspection of the premises by the respondent Board. The petitioner alleges that however, later, due to political rivalry of the sitting panchayat member of the concerned ward against whom the petitioner contested in the last panchayat election, the Panchayat passed a resolution and; on the basis of the same, the respondent has issued W.P.(C) No. 25223 of 2009 ..2..
notice for disconnection. It is with this background, the petitioner has come up before this Court.
3. The respondent Board filed a counter affidavit, wherein they have admitted that the petitioner was given electricity connection with the consumer number made mention of in the writ petition. However, it was averred that later, Allapad Grama Panchayat Committee has taken a decision against the electricity connection supplied to the petitioner on the ground that the electric connection was supplied to the temporary shed, to which no number has been allotted by the concerned Grama Panchayat. The gist of contentions taken by the respondent Board is that the petitioner, by showing a door number of another building, has obtained connection to the temporary shed, where he was conducting a teashop. It was further averred by the respondent Board that one of their representatives conducted a local inspection, which revealed that the shed, to which connection was given, was not having any door number. Therefore, the respondent Board justified their stand in issuing the disconnection notice. W.P.(C) No. 25223 of 2009
..3..
4. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Board.
5. The learned counsel for the petitioner placed reliance on Ext.P1, by which the respondent Panchayat has allotted a door number. As per Ext.P1, the door number allotted to the petitioner is AP XI-190-A. However, Ext.R4(c), which is the decision of the Grama Panchayat, would reveal that the electricity connection was obtained by the petitioner not to that particular door number, but, to a temporary shed, where he is conducting a teashop. This was found true by the local inspection of the respondent Board. Therefore, this Court is of the definite view that there is no reason to interfere with the disconnection notice now issued.
6. The learned counsel for the petitioner submitted that as the petitioner is conducting a petty shop in the building no. AP XI-190-A, where the petitioner is residing, the respondent Board be directed to provide electricity connection to that particular door number. It was further W.P.(C) No. 25223 of 2009 ..4..
submitted by the learned counsel for the petitioner that the petitioner is a tsunami victim and the building bearing the aforesaid door number was constructed by the 'Matha Amrithananthamayi Madom'.
7. This Court is of the view that the respondent Board may not have any objection in providing an electricity connection if the petitioner is ready to make a proper application in accordance with law.
Therefore, the writ petition is dismissed reserving the right of the petitioner to approach the respondent Board with a proper application for obtaining electricity connection to building no. AP XI-190-A of Allapad Panchayat within a period of one month from today.
In the event of filing such an application, the respondent Board shall consider the same and shall pass appropriate orders without delay.
Sd/-
A.V. RAMAKRISHNA PILLAI, JUDGE bka/-