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.
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WP(C) NO. 21915 OF 2009
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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