IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 16260 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------ SAMJI VISWASAM, S/O.GNANADAS, DAS VILLA, M.S.A.ROAD, MUNNAR, DIST.IDUKKI. BY ADVS. SRI.K.REGHU KOTTAPPURAM, SRI.M.MUKESH. RESPONDENT(S): ------------------------- 1. THE SENIOR MANAGER, ENGINEERING DEPARTMENT, REPRESENTING M/S.K.D.H.P. CO., PVT.LTD (LICENSEE UNDER ELECTRICITY ACT 2003), MUNNAR WORK SHOP, MUNNAR - 685 612, DIST.IDUKKI. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3. MUNNAR GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, MUNNAR, DIST.IDUKKI. R1 BY ADVS.SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). R2 BY GOVERNMENT PLEADER SRI. S. ABDUL SALAM R3 BY ADV. SMT.AYSHA YOUSEFF, SC, MUNNAR GRAMA PANCHAYAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16260/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LAND TAX RECEIPT DTD. 19/05/2006. P2: COPY OF SETTLEMENT DEED VIDE NO.1462/1981. P3: COPY OF RESIDENTIAL CERTIFICATE NO.1906/11 DTD. 28/03/2011 ISSUED BY THE PANCHAYATH. P4: COPY OF DEMAND NOTICE DTD. 19/02/2011. P5: COPY OF CLASSIFICATION CERTIFICATE NO.P7 - 14700/10 DTD. 19/09/2010. P6: COPY OF LICENCE VIDE NO.A3-121/2010-11 DTD. 17/05/2010. P7: COPY OF DEMAND NOTICE DTD. 20/05/2011 UNDER CONSUMER NO.357 (LT-VIII A COMMERCIAL). P8: COPY OF PERMIT NO.32/2001-02 DTD. 4/05/2001. P9: COPY OF APPLICATION FOR DOMESTIC CONNECTION TO THE 1ST FLOOR DTD. 28/03/2011. P10: COPY OF LETTER DTD. 12/04/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.16260 of 2011 ----------------------------------------- Dated this the 5th July, 2011 JUDGMENT Heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for respondents 1 and 3 and the learned Government Pleader appearing for the State of Kerala. 2. The petitioner who claims to be in possession of a parcel of land 2.83 Ares in extent situate in Sy.No.61/14-3 of Kannan Devan Hills Village has filed this writ petition for an order directing the first respondent to provide electricity connection to the first floor of the building situate in that parcel of land which bears door NO.XI/45 of Munnar Grama Panchayat. It is stated that though the petitioner applied for electricity connection to the first respondent, the said request was turned down on the ground that the Apex Court has by an interim order passed in S.L.P(C)No. 11582 of 2007 directed that status quo be maintained in respect of buildings situated within 50 yards of Munnar river. 3. When the writ petition came up for hearing today, the learned counsel on both sides submitted that a learned single W.P(C) NO.16260/2011 -:2:- Judge of this Court has by judgment delivered in W.P(C)No.21915 of 2009 directed electricity connection to be given to the petitioner therein subject to priority among similarly situated persons with the rider that the grant of such connection will not by itself legalise the construction of the building to which electricity connection is given. My attention was also invited to the judgment delivered by me in W.P(C)No.9080 of 2011 wherein I had directed the first respondent to give electricity connection with the observation that the grant of electricity connection will not affect the right of the State to proceed against the petitioner/his lands, if grounds exist for initiating such action. In the light of the directions issued by this Court in the aforesaid judgments, I am of the opinion that the petitioner is entitled to have his application for electricity connection considered on the merits. I accordingly dispose of the writ petition with a direction to the first respondent to consider the petitioner's application for grant of fresh electricity connection on the merits and grant the connection subject to priority among similarly situated persons, expeditiously. It is however, clarified that the grant of such W.P(C) NO.16260/2011 -:3:- connection will not regularise or legalise the construction of the building or prejudicially affect the claim of the State of Kerala in respect of the land/building to which connection is given. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.16260 of 2011 ---------------------------- JUDGMENT 5th July, 2011