IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 37729 of 2007(N) -------------------------- PETITIONER: ------------ SRI. P.C.MURALEEDHARAN, AGED 38 YEARS, BUSINESS, S/O.M.K.KUTTYSANKARA MENON, RESIDING AT GROUND FLOOR, FLAT NO.7A, UNITY ENCLAVE, UNITY ROAD, THRISSUR CORPORATION. BY ADV. SRI.THIYYANNOOR RAMAKRISHNAN SRI.M.S.NARAYANAN SRI.ARUN KUMAR.P RESPONDENTS: ------------- 1. THE SECRETARY, CORPORATION OF THRISSUR, THRISSUR. 2. ELECTRICAL ENGINEER, CORPORATION OF THRISSUR, THRISSUR. 3. PRATHAPAN, AGED 50, S/O.CHAKKAMADATHIL MADHAVAN, VADANAPPILLY VILLAGE, THRISSUR. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R1-2 SRI.P.B.KRISHNAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 37729 OF 2007 N ```````````````````````````````````````````````````` Dated this the 23rd day of July, 2008 J U D G M E N T Case of the petitioner is as follows. Petitioner is running a ladies' hostel, housing 125 girl students undergoing entrance coaching under Prof.P.C.Thomas, in a building owned by the 3rd respondent, as per Ext.P1 rent agreement. According to the petitioner, the 3rd respondent demanded a very huge hike in the rent for which the petitioner was not agreeable. It is submitted that the 3rd respondent has filed Ext.P2 civil suit. The 3rd respondent has also issued Ext.P3 notice and the petitioner filed Ext.P4 reply. Thereafter, it is pointed out that the 3rd respondent filed a petition with ulterior motives before the 2nd respondent to disconnect the temporary electric connection to the apartments. The 2nd respondent sent his subordinates to disconnect the electric connection. According to the petitioner, the petitioner has filed Ext.P5 petition before the 1st respondent. The petitioner seeks a certiorari quashing order dated 14.12.2007. He also seeks a direction not to disconnect the electric supply. The petitioner WPC.37729/07 : 2 : further seeks a direction to give electric supply forthwith. Ext.P5 petition came to be rejected on the ground that it is not in proper form. According to the petitioner, the petitioner has subsequently submitted application in proper form. It is submitted that applications have been submitted on 23.4.2008 and 30.4.2008. 2. I heard learned counsel for the petitioner and learned counsel for respondents. Having regard to the facts and circumstances of the case, I feel that a decision can be ordered to be taken on the applications submitted by the petitioner on 23.4.2008 and 30.4.2008 seeking electric connection. The decision should be taken after affording an opportunity for hearing to the petitioner and the 3rd respondent. Learned standing counsel appearing on behalf of the respondents submits that penalty may be payable and their interest may be protected. Having considered all the facts, writ petition is disposed of as follows. There will be a direction to the 1st respondent to consider and take a decision on the applications submitted by the petitioner dated 23.4.2008 and 30.4.2008 in accordance with law, after affording an opportunity for hearing to the petitioner and the WPC.37729/07 : 3 : 3rd respondent, within a period of one month from the date of receipt of a copy of this judgment. The order should be communicated to the petitioner and the 3rd respondent. If the order is against the petitioner, it will not be enforced against the petitioner for one week from the date of communication of the order. Learned counsel for petitioner submits that the petitioner has no objection in paying the amounts which have fallen due. Interim order will continue till a decision is taken and if the decision is against the petitioner, it will continue till a period of one week from the date of communication of the order as already indicated. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE