IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 4853 of 2010(F) --------------------------------------- PETITIONER(S): ------------------------- SUVARNANI DEVI, CNN VIHAR, CHENGAZHASSERY ILLOM, KOZHENCHERRY.P.O, PATHANAMTHITTA DISTRICT. BY ADVS. DR.K.P.SATHEESAN, MR.K.K.GOPINATHAN NAIR, MR.M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM) MR.MATHEW SUNNY. RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, KSEB, KOTTAYAM EAST. 3. THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, KOTTAYAM EAST. *ADDL.R4 IMPLEADED: R4. THE ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM. *ADDL.R4 IS SUO MOTU IMPLEADED AS PER JUDGMENT DTD.1/03/2010 IN WPC. R1 TO R3 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.4853 of 2010-F ---------------------------- Dated this the 1st day of March, 2010. J U D G M E N T The petitioner was a consumer of the respondent Board with the consumer number '14040'. However, the supply was disconnected due to non-satisfaction of the electricity charges in time; followed by dismantling of the connection as well. Later, the petitioner chose to satisfy the entire dues to the respondent Board and applied for re-connection; pursuant to which, the matter was considered by the respondents and the petitioner was required to pay the necessary charges for providing re-connection. It is stated that the petitioner has already satisfied the same, as borne by Exts.P4 and P5 receipts and after complying with the formalities, the petitioner submitted Ext.P6 representation to the third respondent for providing the re-connection. It was at this point of time, that the third respondent issued Ext.P7 reply, stating that two persons of the neighbourhood have raised objections in drawing the line to provide connection to the petitioner's premises; under which W.P(C) No.4853 of 2010-F 2 circumstances, the petitioner has been instructed to obtain the requisite consent from the aforesaid neighbours. 2. The learned counsel for the petitioner submits that there is absolutely no rhyme or reason for issuing Ext.P7 and that the third respondent is simply dancing with the tune of the so called neighbours who have no legal right to raise any objections for providing electric connection to the petitioner's premises since the connection was very much there and dismantling occurred only for non-satisfaction of the energy charges. 3. The learned Standing Counsel submits on instructions, that because of the dismantling, the line has to be drawn afresh and in view of the objections raised by the neighbours, the matter can be referred to the Additional District Magistrate who has the jurisdiction over the area. 4. The learned counsel for the petitioner submits that the petitioner is in dire need of electricity and that the matter is liable to be referred to the Additional District Magistrate forthwith. 5. In the above facts and circumstances, the respondents are hereby directed to refer the dispute to the concerned Additional District Magistrate who is having jurisdiction in the concerned area W.P(C) No.4853 of 2010-F 3 forth with and on receipt of the same, the Additional District Magistrate shall consider and pass appropriate orders after giving an opportunity of hearing to all concerned, also taking note of the fact that the electric connection was already in existence and the petitioner was enjoying the benefit of the electric supply and such other incidental aspects, if any. Final decision as above shall be taken as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. The Additional District Magistrate, Kottayam is suo moto impleded in the Writ Petition as the additional fourth respondent and the learned Government Pleader has entered appearance on his behalf. The petitioner shall produce a copy of this judgment, along with the copy of the Writ Petition, before the Additional District Magistrate, Kottayam, for further steps. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab