IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 25182 of 2011(W) ----------------------------------------- PETITIONER(S): ------------------------- ROSAMMA AUGUSTINE, W/O.K.A.AUGUSTINE, KALARICKAL HOUSE, GRAHAMS LAND ROAD, MUNNAR.P.O., DIST.IDUKKI. BY ADV. SRI.K.REGHU KOTTAPPURAM SMT.URSULA FRANCIS RESPONDENT(S): ------------------------ 1. THE SENIOR MANAGER, ENGINEERING DEPARTMENT, RREPRESENTING K.D.H.P. CO. (P)LTD., (DISTRIBUTION LICENSEE UNDER INDIAN ELECTRICITY ACT 2003), MUNNAR WORK SHOP, MUNNAR, DIST.IDUKKI.685 612. 2. MUNNAR GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, MUNNAR, DIST.IDUKKI.685 612. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES. R2 BY ADV.SRI.JOICE GEORGE R3 BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.25182/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:-A TRUE COPY OF SALE DEED NO.3004/1998 OF S.R.O. DEVIKULAM. EXHIBIT P2:-A TRUE COPY OF LAND TAX RECEIPT DATED 29-4-2005. EXHIBIT P3:-A TRUE COPY OF OWNERSHIP CERTIFICATE NO.6967/11 DATED 29-8-11. EXHIBIT P4:-A TRUE COPY OF THE BUILDING TAX RECEIPT DATED 8-8-11. EXHIBIT P5:-A TRUE COPY OF THE LETTER NO.EG-10/759 DATED 25-8-2011. EXHIBIT P6:-A TRUE COPY OF JUDGMENT DATED 19-8-2009 IN W.P.(C)21915/2009. EXHIBIT P7:-A TRUE COPY OF ANOTHER JUDGMENT DATED 5/7/2011 IN W.P.(C) 16260/2011. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25182 OF 2011 -------------------------- Dated this the 14th day of October, 2011 J U D G M E N T Heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for respondents 1 and 2 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 10 cents in extent situate in Sy.No.62/25 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.IX/1140 A 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 WPC No.25182/2011 2 learned counsel on both sides submitted that a learned single 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/her 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 her 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 WPC No.25182/2011 3 connection subject to priority among similarly situated persons, expeditiously. It is however, clarified that the grant of such connection will not regularise or legalise the construction of the building or prejudicially affect the claim of the first respondent in respect of the land/building to which connection is given. P.N.RAVINDRAN, (JUDGE) vps