IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 26754 of 2011(T) ------------------------- PETITIONER : --------------------- G.LEKSHMI NARAYANA SARMA, AGED 56 YEARS, RETD KSRTC EMPLOYEE, S/O.LATE GOPALAKRISHNAN POTTI, E.P.V/520, L.N.VIHAR, EDAVA KAPPIL HIGH SCHOOL ROAD, VENKULAM, EDAVA P.O., TRIVANDRUM PIN - 695 311 BY ADVS. SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) RESPONDENT(S): -------------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, EDAVA, CHIRAYANKIZHU TALUK, THIRUVANANTHAPURAM, PIN - 695 311. 2. G.REGHUNATHA SARMA (G.R.N.SARMA), AGED 61 YEARS, DRIVER, S/O.LATE GOPALAKRISHNAN POTTI, RESIDING AT UNAUTHORIZED CONSTRUCTION IN SY.NO.333/5, L.N.VIHAR, EDAVA KAPPIL H.S.ROAD, EDAVA P.O., TRIVANDRUM, PIN - 695 311. R1 BY ADV. SRI. SAJEEVKUMAR K. GOPAL, SC R2 BY ADVS. SRI.P.V.KUNHIKRISHNAN SRI.P.HEMACHANDRAN NAIR (EDAVA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26754 of 2011(T) APPENDIX PETITIONERS' EXHIBITS : EXT.P-1 TRUE PHOTOSTAT COPY OF THE FINAL DECREE DATED 15/06/2006 IN O.S. 150/2003 OF HON'BLE MUNSIFFS COURT, VARKALA WITH PARTITION SKETCH. EXT.P-2 TRUE PHOTOSTAT COPY OF THE AMIN'S DELIVERY REPORT IN E.P.59/2008 IN O.S.150/2003 EXT.P-3 TRUE PHOTOCOPY OF THE OBJECTION DATED 24.06.2003 SENT BY PETITIONER TO 1ST RESPONDENT ALONG WITH POSTAL ACKNOWLEDGEMENT CARD SIGNED BY 1ST RESPONDENT. EXT.P-4 TRUE PHOTOCOPY OF THE APPLICATION FOR BRINGING THE ELECTRIC METER BACK TO THE ORIGINAL PLACE FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P-5 TRUE PHOTO COPY OF THE APPLICATION DATED 03.05.2009 WITH POSTAL ACKNOWLEDGEMENT RECEIPT AFFIXED THERE TO ISSUED BY PETITIONER TO 1ST RESPONDENT. EXT.P-6 TRUE PHOTO COPY OF THE APPLICATION DATED 20.07.2009 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P-7 TRUE PHOTO COPY OF THE REPLY DATED 13.08.2009 ISSUED FROM THE KSEB TO THE PETITIONER. EXT.P-8 TRUE PHOTO COPY OF THE APPLICATION FROM BEARING NO. 13915 SUBMITTED BY THE PETITIONER ALONG WITH POSTAL REGISTRATION RECEIPT DATED 28.12.2009 FOR RS.55/- ALONG WITH THE INDEMNITY BOND, OWNERSHIP CERTIFICATE FROM PANCHAYATH, POSSESSION CERTIFICATE FROM VILLAGE OFFICE. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 26754 of 2011 ----------------------------------------------- Dated this the 9th day of December, 2011 JUDGMENT This writ petition is field mainly for an order directing the first respondent to give a new electricity connection to the portion of the residential building allotted to the petitioner under the final decree for partition passed by the Munsiff Court, Varkkala in O.S No.150 of 2003. It is contended that though in the portion of the building allotted to the petitioner's share, an electricity connection was in existence, the petitioner's brother, the second respondent herein shifted the electricity connection with the meter box to the portion of the building allotted to his share and therefore the portion of the building allotted to the petitioner's share is presently without electricity supply. 2. The learned standing counsel appearing for the Kerala State Electricity Board submitted on instructions that a separate electricity connection will be given to the portion of the building allotted to the share of the petitioner if the petitioner provides separate wiring and produces documents to prove that he has complied with the provisions contained in the Kerala Electricity WP(C)No. 26754 of 2011 -2- Supply Code 2005 and the Kerala State Electricity Board Terms and Conditions of Supply 2005. The learned standing counsel also submitted that Board or its officers have not permitted the second respondent to shift the electricity connection which was in existence in the portion of the building allotted to the share of the petitioner and therefore the second respondent will have to apply for shifting of the electricity connection that was originally given to the portion of the building allotted to the share of the petitioner by submitting an appropriate application. The learned counsel appearing for the petitioner submitted with reference to the averments in paragraph 14 of the writ petition that his portion of the house has been rewired and that all supporting documents have been produced along with Ext.P8 application. In such circumstances, I direct the first respondent to cause the building to which the petitioner seeks electricity connection inspected and thereafter grant electricity connection by passing appropriate orders on Ext.P8 application if the wiring is in order and the petitioner has complied with all the statutory formalities and paid the requisite fee expeditiously and in any event within three weeks from the date of receipt of a WP(C)No. 26754 of 2011 -3- copy of this judgment. The second respondent shall in the meanwhile submit an application before the competent authority to shift the electricity connection that was formerly given to the portion of the building allotted to the share of the petitioner. Sd/- P.N.RAVINDRAN, JUDGE. Rkc // true copy// PA to Judge