IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 22198 of 2008(P) -------------------------- PETITIONER: ------------------ M/S GENFOCUS INFOTECH(I)LTD., IA, THAPASYA, INFOPARK, KUSUMAGIRI P.O., REPRESENTED BY ITS MANAGING DIRECTOR, THAPASYA, KUSUMAGIRI P.O., KAKKANADU, KOCHI-682030. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN SMT.SURYA SASI RESPONDENTS: ------------- 1. ACCOMMODATION CONTROLLER, ERNAKULAM. 2. INFOPARK KERALA, THAPASYA, KUSUMAGIRI P.O., KAKKANADU, KOCHI-682030, REPRESENTED BY CHIEF EXECUTIVE OFFICER. R1 BY GOVT.PLEADER SRI R.LAKSHMINARAYANAN BY ADV. SRI.P.A.AHAMED, SC, INFOPARK FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.22198/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF LESASE DEED DATED 24/10/2000. EXT.P2 TRUE COPY OF LETTER DATED 24/4/2008, SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P3 TRUE COPY OF LETTER DATED 13/5/2008 RECEIVED FROM THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF LETTER DATED 17/5/2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF NOTICE SENT BY THE PETITIONER TO THE 2ND RESPONDENT DEMANDING RESTORATION OF POWER SUPPLY TO THE PREMISES. EXT.P6 TRUE COPY OF ACP.NO.7/2008 FILED BEFORE THE IST RESPONDENT (WITHOUT ANNEXURES) EXT.P7 TRUE COPY OF BROCHURE PUBLSHED BY KEPIP SHOWING THE DETAILS OF THE FACILITIES PROFESSED TO BE AVAILABLE IN KEPIP. EXT.P8 TRUE COPY OF ALLOTMENT LETTER DTD. 15/3/2000. EXT.P9 TRUE COPY OF COMMUNICATION ISSUED BY MANAGING DIRECTOR, KEPIP ON 3/8/2000. EXT.P10 TRUE COPY OF COMMUNICATION DTD. 11/10/2000. EXT.P11 TRUE COPY OF COMMUNICATION DATED 31/10/2000 FROM KEPIP TO THE PETITIONER. EXT.P12 TRUE COPY OF LETTER NO.KPPIP/DY.CEI/473/2001 DATED 23/1/2001 FROM KEIP TO THE DY.CHIEF ELECTRICAL INSPECTOR. EXT.P13 TRUE COPY OF COMMUNICATION DATED 16/2/2001 ISSUED BY KEPIP TO THE PETITIONER. EXT.P14 TRUE COPY OF COMMUNICATION DTD. 23/3/2001 ISSUED BY KEPIP TO THE ASSISTANT EXECUTIVE ENGINEER, KSEB. EXT.P15 TRUE COPY OF COMMUNICATION DATED 4/4/2001 ISSUED BY THE PETITONER TO KEPIP. EXT.P16 TRUE COPY OF LETTER DATED 11/10/2001 SENT BY THE PETITIONER TO KEPIP. EXT.P17 TRUE COPY OF LETER NO.DB17/39/01-02 DTD. 22/2/2002. -2- W.P.C.NO.22198/2008 EXT.P18 TRUE COPY OF RECEIPT DTD. 7/5/2002 EVIDENCING REMITTANCE OF RS.24,000/-. EXT.P19 TRUE COPY OF LETTER DATED 4/5/2002 ISSUED BY KEPIP. EXT.P20 TRUE COPY OF LETTER DTD. 21/4/2003 SENT BY PETITIONER TO KEPIP. EXT.P21 TRUE COPY OF LETTER DTD. 29/11/2003 SENT BY KEPIP. EXT.P22 TRUE COPY OF LETTER DTD. 23/8/2004 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P23 TRUE COPY OF LETTER DTD. 22/2/2005 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P24 TRUE COPY OF LETTER DTD. 11/4/2005 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P25 TRUE COPY OF LETTER DTD. 5/12/2005 SENT BY THE PETITIONER TO THE RESIDENT ENGINEER, KEPIP. EXT.P26 TRUE COPY OF REPRESENTATION DTD. 18/20/2006 SENT BY THE PETITIONER TO THE GOVERNMENT. EXT.P27 TRUE COPY OF COMMUNICATION DATED 4/10/2007 ENCLOSING STATEMENT OF ACCOUNT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.22198 OF 2008 -------------------------------- Dated this the 19th day of August,2008 JUDGMENT Raman,J. Serious dispute of facts arises for consideration in this writ petition. Hence, we are not inclined to grant the main relief as sought for in this writ petition. However, there is an incidental prayer for a direction to the Accommodation Controller to dispose of Ext.P6 application pending before him. Admittedly, the petitioner was an allottee of space into Infopark. The 2nd respondent contended that the petitioner has not even applied for power supply connection and actually Infopark is supplying electricity as an interim measure. But the petitioner was a chronic defaulter in payment of electricity charges and there is huge arrears amounting to Rs.17 lakhs as of now. There are various other disputes also. However, since the application (Ext.P6) is pending before the Accommodation Controller, the 2nd respondent is -2- WP(C).No.22198/2008 entitled to raise their contentions before him. If only the Accommodation Controller finds that power supply was disconnected unjustifiably, there arises any relief to be granted in favour of the petitioner, However, this is a matter for consideration by that authority. Hence, we direct the Accommodation Controller to dispose of the application (Ext.P6) expeditiously. Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.