IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 5566 of 2011(U) ------------------------- PETITIONER(S): --------------- ANTHONY, S/O. MOOKIAH, AGED 70 YEARS, RESIDING AT IX/636A, OLD MUNNAR, MUNNAR.P.O, PIN - 685 612. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): --------------- 1. KERALA STATE ELECTIRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004. 2. THE KANNAN DEVAN HILLS PLANTATIONS COMPANY, REPRESENTED BY ITS SENIOR MANAGER, DEPARTMENT OF ENGINEERING, REGIONAL OFFICE, MUNNAR.P.O, IDUKKI DISTRICT - 685 612. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT (RA), SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY ADV. SRI.V.ABRAHAM MARKOS FOR R2 SRI.MATHEWS K.UTHUPPACHAN FOR R2 SRI.BINU MATHEW FOR R2 SRI.TERRY V.JAMES FOR R2 SRI.B.J.JOHN PRAKASH FOR R2 SRI.TOM THOMAS (KAKKUZHIYIL) FOR R2 BY SRI.P.P.THAJUDEEN, FOR R1 BY GOVT. PLEADER SRI.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.5566 of 2011 EXT.P1 A PHOTOCOPY OF THE ORDER OF ASSIGNMENT DATED 18.3.1968 ISSUED IN THE NAME OF THE FIRST PETITIONER. EXT.P2 A PHOTOCOPY OF PATTA NUMBER LA.18/1969 DATED 6.7.1969 ISSUED BY THE FOURTH RESPONDENT IN THE NAME OF THE PETITIONER. EXT.P3 PHOTOCOPY OF POSSESSION CERTIFICATE NUMBER 663/1996 DATED 30.7.1996 ISSUED BY THE VILLAGE OFFICER. EXT.P4 PHOTOCOPY OF RESIDENTIAL OWNERSHIP CERTIFICATE NUMBER A3 463/2010 DATED 8.12.2010 ISSUED IN THE NAME OF THE PETITIONER, BY THE LOCAL AUTHORITY. EXT.P5 PHOTOCOPY OF BUILDING TAX RECEIPT NO.33 DATED 3.12.2010 CONCERNING THE HOUSE OF THE PETITIONER. EXT.P6A PHOTO COPY OF COMMUNICATION NUMBER EG 10/802 DATED 4.9.2009 ISSUED BY THE SECOND RESPONDENT COMPANY. EXT.P7 A PHOTOCOPY OF LETTER DATED 27.1.2011 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P8A PHOTOCOPY OF COMMUNICATION NO.EG.10/1697 DATED 16.2.2011 ISSUED BY THE SECOND RESPONDENT. EXT.P9 A PHOTOCOPY OF JUDGMENT OF THIS HON'BLE COURT DATED 13.12.2005 PASSED IN WP © NO.29317 OF 2005. EXT.P10 A PHOTOCOPY OF JUDGMENT OF THIS HON'BLE COURT PASSED IN WRIT APPEAL NO.708/2006 DATED 7.4.2006. EXT.P11 A PHOTO COPY OF JUDGMENT IN W.P.(C) NO.5021 OF 2010-C dated 17.2.2010. EXT.P12 A PHOTOCOPY OF GOVERNMENT CIRCULAR NUMBER 48297/RA1/09/LAD DATED 10.8.2009 ADDRESSING ALL THE LOCAL SELF GOVERNMENTS IN THE STATE. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.5566 of 2011 ------------------------------- Dated this the 18th day of March, 2011 J U D G M E N T This writ petition is filed for a direction to the respondents to provide electricity connection to the residence of the petitioner pursuant to the application submitted by him in that regard. 2. Heard learned counsel on both sides. In view of the fact that in identical circumstances, this Court has permitted electricity connection to be given to persons who have put up buildings in the disputed lands without prejudice to the right of the State to proceed against the said persons and recover possession of the lands, if grounds exist therefor, I am of the opinion that a similar direction can be issued in the instant case also. I accordingly dispose of the writ petition with a direction to the respondents to provide electricity connection to the petitioner, if the petitioner satisfies the conditions necessary for the grant of such connection. It is however clarified that this will not affect the right of the State to proceed against the petitioner/his lands, if grounds exist to proceed against the petitioner/his lands. P.N. RAVINDRAN, JUDGE. nj.