High Court Kerala High Court

Jobin Varghese vs Kerala State Electricity Board on 13 November, 2008

Kerala High Court
Jobin Varghese vs Kerala State Electricity Board on 13 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27025 of 2008(P)


1. JOBIN VARGHESE
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD
                       ...       Respondent

2. THE ASSISTANT ENGINEER,

3. JOSEPH @ KUTTIACHAN,AGED ABOUT 48 YEARS

                For Petitioner  :SRI.A.C.DEVASIA

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

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :13/11/2008

 O R D E R
                        K. M. JOSEPH, J.
                 --------------------------------------
                  W.P.C. NO. 27025 OF 2008 P
                 --------------------------------------
                Dated this the 13th November, 2008

                           JUDGMENT

The Writ Petition is filed with the following prayers:

“(i) Issue a writ of prohibition or any other

appropriate direction or order prohibiting the 1st and

2nd respondents from disconnecting the existing

electrical supply to the petitioner vide Consumer

No.8918 in Building No.KP-12/687C of the

Kattappana Grama Panchayath.

(ii) Issue a writ of mandamus or any other

appropriate writ, order or direction commanding 1st

and 2nd respondents that in the event of

disconnection of the electricity supply, to give

reconnection of the electricity supply immediately to

the petitioner on the basis of Exts.P7 and P8

representations.”

2. Briefly put, the case of the petitioner is that the third

respondent leased out an extent of 10 cents of land to the

petitioner for conducting a Maruti Workshop. It is stated that

the petitioner had purchased a Maruti Workshop building and

WPC.27025/08 P 2

accessories from one Shri Renju in 2006 and the third

respondent permitted the petitioner for conducting the workshop

in the said premises let out to the petitioner for a ground rent of

Rs.5,250/=. When the attempt was there to take forceful

possession, a Suit was filed as OS No.147/08 before the Munsiff

Court, Kattappana and an interim injunction was granted

restraining the third respondent from forcefully evicting the

petitioner. It is stated that the petitioner is paying all the Bills to

the Authorities in time as per the agreement. It is stated that the

petitioner has also filed Exts.P7 and P8 representations before

the second respondent not to disconnect the electric supply and

that in any event it is disconnected, the power supply may be

restored immediately.

3. A Counter Affidavit is filed by the third respondent,

denying the case of lease. It is stated that the property has been

leased out only to Mr. Renju Sebastian and he had to vacate the

property on 30.06.2008. But, the brother of the petitioner filed a

Suit as OS No.147/08 before the Munsiff Court, Kattappana

WPC.27025/08 P 3

against the third respondent and obtained an ex parte injunction

order. It is stated that it does not give any right to the petitioner

to trespass into the third respondent’s property and continue

there.

4. A Reply Affidavit is filed purporting to produce Ext.P9

electricity bill, Ext.P10 copy of the Notice from the Assistant

Labour Officer, Ext.P11 Report of the Assistant Labour Officer,

Ext.P12 notice of the Assistant Inspector of Factories, Ext.P13

copy of the licence, Ext.P14 copy of FIR and Ext.P15

Commission Report. Of course, the third respondent has

produced, by an Affidavit, Exts.R3(a) and Ext.R3(b) which are

Newspaper Reports. I heard the learned counsel appearing for

the petitioner, learned counsel for the third respondent besides

the learned standing counsel appearing on behalf of the

respondent Electricity Board.

5. The case set up by the petitioner, of course, is that there

is a lease. In this connection, he relies on documents which are

allegedly executed only by the petitioner. There are other

WPC.27025/08 P 4

documents also produced which I have referred to. The case of

lease is stoutly denied by the third respondent. In proceedings

under Article 226 of the Constitution of India, I cannot possibly

find that the petitioner is a lessee under the third respondent, and

that is a matter which is to be ascertained in an appropriate

Forum. The third respondent would contend that the petitioner

has concocted the documents which are produced. He also

refers to the Newspaper Reports produced to show that the

petitioner has been jailed for concocting documents.

6. There is no receipt produced to show that the petitioner

has paid rent to the third respondent. In fact, the third

respondent denies receiving any rent. It would not be

appropriate to enter a finding regarding the alleged tenancy.

7. Shri A.C. Devasia, learned counsel for petitioner would

contend that having regard to Regulation 14(4) of the KSEB

Terms and Conditions of Supply, 2005, being an occupier, in the

event of there being a disconnection, petitioner is entitled to get

reconnection, even if there is no consent by the land owner.

WPC.27025/08 P 5

8. Having considered the contentions, the Writ Petition is

disposed of as follows:

It is for the petitioner to approach the appropriate Forum to

establish the case of lease and seek appropriate orders. The

interim order passed by this Court will continue for a period of

two weeks from today. It is also ordered that in the event of

there being disconnection, the second respondent will consider

and take a decision on Ext.P8 with due notice to the petitioner

and also the third respondent, within a period of three weeks

from the date of disconnection.

Sd/=
K. M. JOSEPH, JUDGE

kbk.