IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 32192 of 2009(T) ---------------------------------------- PETITIONER(S): ----------------------- 1. RARANKANDATH ABOOBACKER, KALA BUILDINGS, KUTTIPPURAM. 2. CHEKHRAYI VALAPPIL FOUSIYA, KALA BUILDINGS, KUTTIPPURAM. BY ADV. MR.V.RAJENDRAN, SMT.K.S.SABITHA. RESPONDENT(S): -------------------------- 1. KUTTIPPURAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY AT KUTTIPPURAM. 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KUTTIPPURAM. 3. RARANKANDATH USMAN KOYA, KALA HOME APPLIANCES, KUTTIPPURAM. 4. RARANKANDATH JAWAHAR ALI, KALA HOME APPLIANCES, KUTTIPPURAM. *ADDL. R5 IMPLEADED ADDL.R5: CONSUMER GRIEVANCES REDRESSAL FORUM, KERALA STATE ELECTRICITY BOARD, KOZHIKODE. * ADDL. R5 IS IMPLEADED AS PER ORDER DATED 25/03/2010 IN I.A.4156/2010. R1 BY ADV. MR.MILLU DANDAPANI. R2 & ADDL.R5 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B. R4 BY ADV. MR.SANTHEEP ANKARATH, SMT.P.JAYALAKSHMI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32192/2009-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATIONS DATED 22/07/2009 OF THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.P2: COPY OF THE REPRESENTATIONS DATED 22/07/2009 OF THE 2ND PETITIONER TO THE 1ST RESPONDENT. EXT.P3: COPY OF THE NOTICE DATED 10/08/2009 OF THE 1ST RESPONDENT TO THE 1ST PETITIONER. EXT.P4: COPY OF THE NOTICE DATED 10/08/2009 OF THE 1ST RESPONDENT TO THE 2ND PETITIONER. EXT.P5: COPY OF THE REPRESENTATION DATED 20/08/2009 OF THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPRESENTATIONS DATED 24/08/2009 OF THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DATED 25/08/2009 OF THE 1ST PETITIONER TO 2ND RESPONDENT. EXT.P8: COPY OF THE LETTER DATED 30/09/2009 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9: COPY OF THE ORDER DATED 16/10/2009 IN I.A. NO.2082/2009 IN O.S. NO.249/2009 OF MUNSIFF COURT, TIRUR. EXT.P10: COPY OF THE REQUEST DATED 17/09/2009 OF THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P11: COPY OF THE INFORMATION FURNISHED BY THE 2ND RESPONDENT. EXT.P12: COPY OF THE REPRESENTATION DATED 09/10/2009 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P13: COPY OF THE LETTER DATED 22/10/2009 OF THE 2ND RESPONDENT TO THE PETITIONERS. EXT.P14(a): COPY OF THE NOTICE DATED 22/10/2009 OF THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P14(b): COPY OF THE NOTICE DATED 22/10/2009 OF THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P14(c): COPY OF THE NOTICE DATED 22/10/2009 OF THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P14(d): COPY OF THE NOTICE DATED 22/10/2009 OF THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P14(e): COPY OF THE NOTICE DATED 22/10/2009 OF THE 2ND RESPONDENT TO THE 1ST PETITIONER. WP(C) NO. 32192/2009-T EXT.P15: COPY OF THE ORDER DATED 31/12/2009 OF THE COMMERCIAL TAXES OFFICER TIRUR. EXT.P16: COPY OF THE REPORT SUBMITTED BY THE SENIOR SUPERINTENDENT OF THE PERFORMANCE AUDIT UNIT AT EDAPPAL. EXT.P17: COPY OF THE VERSION DATED 25/02/2010 SUBMITTED BY THE ASSISTANT EXECUTIVE ENGINEER OF THE BOARD. EXT.P18: COPY OF THE PETITION (O.P. NO. 54/09-10) FILED BY THE PETITIONERS BEFORE THE CGRF. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 02/02/2010. EXT.R4(b): COPY OF THE PLAINT DATED 14/12/2009 IN O.S. NO.354/2009 FILED BEFORE MUNSIFF'S COURT, TIRUR. EXT.R4(c): COPY OF THE SHOW CAUSE NOTICE DATED 10/02/2010 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXT.R4(d): COPY OF THE REPLY NOTICE DATED 01/03/2010 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.R4(e): COPY OF THE LETTER DATED 19/08/2009 FROM THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.R4(f): COPY OF THE LETTER DATED 19/08/2009 FROM THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.R4(g): COPY OF THE REPORT AND SKETCH OF THE COMMISSIONER DATED 29/09/2009 IN I.A. NO.2083/2009 IN O.S. NO.249/2009 ON THE FILE OF THE MUNSIFF'S COURT, TIRUR. EXT.R4(h): COPY OF THE REPLY DATED 23/09/2009 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.32192 of 2009-T ---------------------------- Dated this the 25th day of March, 2010. J U D G M E N T The petitioners are aggrieved of the unauthorised power supply given to the respondents 3 and 4 in the third floor of the building belonging to the petitioners. It is contended that the construction of the building is not over, despite which the electricity connection has been wrongly provided to the occupants, ie. third and fourth respondents, whose occupation itself is stated as unauthorised. It is also pointed out that the above portions are still to be numbered by the Panchayat as well. The petitioners have preferred Ext.P1 and P2 representations before the Panchayat, seeking for redressal of the grievances. With regard to the electricity supply provided, the petitioners have preferred Exts.P18 application before the Consumer Grievance Redressal Forum of the Electricity Board. 2. The learned counsel for the petitioners submits that the petitioners will be satisfied, if appropriate directions are given to the concerned authorities to consider Exts.P1 and P2 representations as W.P(C) No.32192 of 2009-T 2 well as P18, in accordance with law. 3. The learned counsel for the respondents 3 and 4 submits that the buildings were actually numbered; and that the occupation of the premises by the respondents 3 and 4 is quite a permissible one and further that the electricity connection has been given by way of lawful exercise of power and authority. 4. Heard the learned counsel appearing for the Panchayath and the learned counsel appearing for the Bank as well, who submit that the respondents do not have any objection for having the grievance projected from the part of the petitioners, considered and disposed of. It is brought to the notice of this Court that the first respondent, Panchayat has already issued notice of hearing to the parties concerned, as borne by Ext.R4(c), filed along with the additional counter affidavit filed by the respondents 3 and 4. 5. In the said circumstances, the first respondent is directed to consider and pass appropriate orders on Ext.P1 and P2 representations, in accordance with law, immediately, giving an opportunity of hearing to all concerned, at any rate within one month from the date of receipt of a copy of this judgment. The additional fifth respondent is directed to consider and pass appropriate orders on Ext.P18 application, in accordance with law, W.P(C) No.32192 of 2009-T 3 after giving an opportunity of hearing to the parties concerned, which shall be finalised as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No.32192 of 2009-T 4