IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34733 of 2010(N)
1. R.S.MONY, AGED 65,S/O. RADHAKRISHNAN,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. EXECUTIVE ENGINEER, KERALA STATE
3. KANNAN DEVAN HILLS PLANTATION
For Petitioner :SRI.M.L.SAJEEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :30/11/2010
O R D E R
C.T.RAVIKUMAR, J.
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W.P(C)No.34733 of 2010
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Dated 30th November, 2010
JUDGMENT
The petitioner is the owner of a building bearing Door
No.IX/1157 of Munnar Grama Panchayat. Ext.P1 is the ownership
certificate issued in respect of the said building. This writ petition has
been filed mainly with a prayer to issue a writ of mandamus commanding
the respondents to grant electric connection to the aforesaid building
owned by the petitioner. According to the petitioner, the third respondent
is the licencee empowered to give electric connection in Munnar.
Therefore, the petitioner has approached the third respondent and
submitted an application to grant electric connection to the aforesaid
building. Pursuant to the same Ext.P3 has been served on the petitioner.
Ext.P3 would reveal that the petitioner is not granted with electric
connection as requested on the ground that the Hon’ble Apex Court has
issued an order of status quo. It is not discernible from Ext.P3 as to what
exactly is the nature of the order passed by the Hon’ble Apex Court.
However, it is evident that the said issue has come up for consideration
before this Court in a number of writ petitions. Exts.P6 and P7 are
judgments in W.P.(C)Nos.17958 of 2010 and 30713 of 2010 respectively.
WP(C).No.34733/2010 2
After considering the issue involved therein which is akin to the one
involved in this writ petition this Court issued a direction to the licencee to
grant electric connection to the concerned building after making it clear
that the directions therein would not in any way legalize its construction.
In that context it is to be noted that the direction of the Apex Court
referred to in Ext.P3 is against construction within 50 yards of Munnar
river. In view of the position obtained in this case, I am inclined to
dispose of this writ petition as hereunder in the light of Exts.P6 and P7
judgments:-
The third respondent is directed to provide electric connection
to the building bearing Door No.IX/1157 of Munnar Grama Panchayat
according to the priority among similar persons, as expeditiously as
possible, subject to satisfaction of the required formalities by the
petitioner. It is made clear that the grant of electric connection will not
legalize the construction and also will not confer any other right on the
petitioner.
C.T.RAVIKUMAR
Judge
TKS