High Court Kerala High Court

Dr.Xaviour vs Kerala State Electricitiy Board on 19 August, 2009

Kerala High Court
Dr.Xaviour vs Kerala State Electricitiy Board on 19 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21915 of 2009(H)


1. DR.XAVIOUR,PROPRIETOR, M/S.MUNNAR PALACE
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITIY BOARD,
                       ...       Respondent

2. M/S TATA TEA LIMITED,ELECTRICAL SECTION,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :19/08/2009

 O R D E R
                  P.R.RAMACHANDRA MENON, J.
                 -----------------------------------------------
                        WP(C) NO. 21915 OF 2009
                         -----------------------------------
                 Dated this the 19th day of August, 2009


                               J U D G M E N T

The petitioner who is running a resort in Munnar, has approached

this Court for directing the second respondent (the concerned licencee) to

give electrical connection to the petitioner’s building in question, stating

that, the petitioner has already satisfied all the requirements for facilitating

such connection.

2. Learned counsel appearing for the second respondent submits

that, the building in question is situated within 50 yards of Munnar River

and that there was a verdict passed by a learned Single Judge of this Court

to the effect that no electric connection could be given to any such building;

which however stands set aside by the Division Bench of this Court. It is

brought to the notice of this Court that, the matter is pending consideration

before the Apex Court, wherein ‘status-quo’ has been ordered to be

maintained as borne by Annexure R2(a) produced along with the statement

dated 19.08.2009 filed by the second respondent.

3. As borne by the contents in paragraph 3 of the statement , the

second respondent has mentioned that, there is no objection to give power

WPC NO.21915/2009 2

connection to the petitioner, as well as the others similarly situated, subject

to the condition that, granting of such power connection shall not be

construed to mean that the construction of building in question stands

legalized.

4. After hearing both the sides and also in view of the averments

made by the second respondent is hereby directed to provide necessary

electrical connection to the petitioner’s building referred to in Ext.P1,

subject to the priority among the similarly situated persons, as

expeditiously as possible. It is further made clear that, granting of such

connection will not mean that the construction effected by the petitioner or

others concerned stands legalized in any manner.

The Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON
JUDGE

dnc