IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 34773 of 2010(V) --------------------------------------- PETITIONER(S): ------------------------- M.GUNASEKHARAN, S/O.MUTHU, AGED 38 YEARS, RESIDING AT IX/3440, IKKANAGAR, MUNNAR P.O., PIN-685 612. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM PIN-695 004. 2. THE KANNAN DEVAN HILLS PLANATIONS COMPANY, REPRESENTED BY ITS SENIOR MANAGER, DEPARTMENT OF ENGINEERING, REGIONAL OFFICE, MUNNAR P.O., IDUKKI DISTRICT, PIN-685 612. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT (RA), SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 4. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PALLIVASAL EXTENSION SCHEME, MUNNAR DIVISION, MUNNAR P.O., PIN-685 612. R2 BY ADV. SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). R3 & R4 BY ADV. SRI.P.P.THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.34773 of 2010 ---------------------------- Dated 6th December, 2010 JUDGMENT The petitioner has applied for electric connection to the building with Door No. IX/3440 of Munnar Grama Panchayat. This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to afford electric connection to the residential house of the petitioner without insisting compliance of unwarranted formalities. However, the petitioner in the writ petition did not categorically state as to what are the unwarranted formalities compelled to be complied with. At the same time, it is evident from the contentions raised in this writ petition that the grievance of the petitioner is with respect to the inaction on the part of the respondents to grant electric connection to the aforesaid residential building. The contention of the petitioner is that the second respondent is the licencee and therefore, the competent authority to grant electric connection in Munnar Grama Panchayat. Apparently, the pendency of a civil suit between the petitioner and the first respondent and fourth respondent is the reason for refusing to grant electric connection as requested by the petitioner. At the same time, Ext.P6 would reveal that in I.A.No.1306 of 2010 in O.S.No.230 of 2010 an interim injunction has been issued to the effect WP(C).No.34733/2010 2 that the plaintiff/petitioner shall not be disturbed from his peaceful possession and enjoyment of the plaint schedule property until further orders. In short, the question is whether the pendency of the said suit can be taken as a reason for not granting electric connection to the residential building as requested by the petitioner. As noticed earlier, on account of the pendency of the above civil suit the first respondent is not issuing No Objection Certificate and that is the impediment for granting electric connection to the residential building of the petitioner. In the said circumstances, this writ petition is disposed of after hearing the learned counsel for the petitioner, the learned Standing Counsel for the first and fourth respondents, the learned counsel for the second respondent and the learned Government Pleader, as hereunder:- There will be a direction to the first respondent to give a No Objection Certificate in favour of the petitioner and the same will be subject to the outcome of O.S.No.230 of 2010 on the file of the Munsiff's Court, Devikulam. It is made clear that on the strength of the grant of such No Objection Certificate it will not be open to the petitioner to lay any claim to the property. In other words, it will be purely provisional and subject to the result of the above suit. The No Objection Certificate shall be granted within a period of three weeks from the date of receipt WP(C).No.34733/2010 3 of a copy of this judgment. Upon production of the No Objection Certificate the second respondent shall grant electrical connection to the petitioner taking into account the priority among the same category of applicants, expeditiously. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge