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T.Sreedharan vs Kerala State Electricity Board on 31 March, 2010

Kerala High Court
T.Sreedharan vs Kerala State Electricity Board on 31 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30002 of 2008(V)


1. T.SREEDHARAN, THANISSERY HOUSE,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, THRISSUR.

3. THE DEPUTY CHIEF ENGINEER,

4. THE ASSISTANT ENGINEER,

                For Petitioner  :SRI.M.V.BOSE

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

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

 Dated :31/03/2010

 O R D E R
                  P.R. RAMACHANDRA MENON, J.
            ..............................................................................
                     W.P.(C) No 30002 OF 2008
             .........................................................................
                     Dated this the 31st March , 2010



                                  J U D G M E N T

The petitioner has approached this Court with the

following prayers:

“i) To call for the entire records leading

upto Exhibit P4 and to quash the same by the

issuance of a writ of certiorari or any other

writ, direction or order.

ii) To issue a writ of mandamus

compelling the respondents to shift the energy

meter and connection of consumer Number

878 as shown in Ext.P5 without insisting on

the conditions laid down in Ext.P4.

iii) to issue any other order or direction

as this Honourable court may deem fit and

proper in the nature and circumstances of the

case; and

iv) to award the cost of the petitioner in

these proceedings.

W.P.(C) No 30002 OF 2008

2

2. The learned Counsel for the petitioner submits that the

subject matter in dispute is to have the ‘meter’ shifted from the

premises where it is now situated, which actually belongs to

the brother of the petitioner as on date, by virtue of partition

effected in the meanwhile and to have the same installed at the

premises of the petitioner, stating that the petitioner is ready

and willing to satisfy all necessary requirements, since the line

can be drawn providing such connection directly to the premises

of the petitioner, from the line and post standing on the

‘eastern side’ of the property of the petitioner .

3. The learned Standing Counsel appearing for the

respondent Board submits that an additional counter affidavit

has been filed today, wherein it is stated that the Board is ready

and willing to provide electric connection directly to the

petitioner’s premises from the line and post situated on the

‘eastern side’ of the property and to have the ‘meter’ shifted from

the building/premises belonging to the brother of the petitioner,

on condition that the petitioner deposits a sum of Rs.1016/- as

cost under various heads and also executes necessary

W.P.(C) No 30002 OF 2008

3

agreement, indemnity bond etc. as prescribed.

4. The learned Counsel for the petitioner submits that the

above requirements will be satisfied forthwith. On complying

with the conditions as above, the respondent Board shall provide

electric connection to the premises of the petitioner within

‘three’ days thereafter. It is also made clear that if there is any

hindrance to take back the ‘meter’ from the existing premises,

the Board is at liberty to approach the police authorities for

necessary assistance and on such an event, the same shall be

provided by the authorities concerned, on production of a copy

of the judgment. The entire proceedings shall be completed by

the ‘Board’ within a period of one week from the date of receipt

of a copy of this judgment.

The Writ Petition is disposed of.

P.R. RAMACHANDRA MENON,
JUDGE.

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