IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 27656 of 2011(F) --------------------------------- PETITIONER(S): ------------------- NALAPPAT ASOKAN, AGED 60, S/O.K.G.KARUNAKARA MENON, KUPRAVALLI DESOM, PUNNYURKULAM AMSOM, CHAVAKAD TALUK. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY THE SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 001. 2. THE ASST.EXECUTIVE ENGINEER, K S E B, PUNNAYURKULAM P.O., THRISSUR DISTRICT-680 001. 3. THE ASST.ENGINEER, ELECTRICAL SECTION, PUNNAYURKULAM, THRISSUR DISTRICT-680 001. R1 - 3 BY ADVS. SMT.P.K.RADHIKA, SC., KSEB SRI. K. M. S. MENON, SC., KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 27656/2011 APPENDIX PETITIONER'S EXHIBITS: P1: A TRUE COPY OF THE JUDGMENT IN OS.541/05 DATED 10/12/08 ON THE FILE OF THE MUNSIFF COURT, CHAVAKKAD. P2: COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT DATED 13/1/2011. P3: COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE PETITIONER DATED 27/1/2011. P4: COPY OF THE ACKNOWLEDGEMENT CARD DATED 31/1/2011 SEND BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27656 of 2011 F ``````````````````````````````````````````````````````````` Dated this the 8th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ According to the petitioner, he made an application to the third respondent for new service connection that was declined by Ext.P2 communication, mainly stating that a revenue recovery proceedings is pending against him. Contention of the petitioner is that the revenue recovery proceedings was against his father and that since he has not inherited any estate from his deceased father, pendency of the revenue recovery proceedings can be no reason for declining service connection. 2. Having considered the matter, I am inclined to think that, if as stated by the petitioner the properties owned by him are all self acquired, the fact that revenue recovery proceedings initiated against his deceased father is pending can be no justification for rejecting the application made by him. Be that as it may, claim of the petitioner that he has W.P.(C) No.27656/2011 : 2 : not inherited any estate from his deceased father does not appear to have been taken into account by the third respondent while issuing Ext.P2. 3. Therefore, I direct that the third respondent will reconsider the application made by the petitioner in the light of the assertion made by him as stated above. The matter shall be reconsidered and fresh orders shall be passed on the application by the third respondent, within four weeks from the date of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/08/11 // True Copy // P.A. To Judge