IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 30511 of 2009(H) -------------------------- PETITIONER(S): --------------- GOWRI, W/O.DIVAKARAN, AGED 66 YEARS, RESIDING AT MOHANA NILAYAM, MANAMPUZHA POST, KUNATHOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SUB DIVISION, EZHAMKULAM, KOLLAM DISTRICT. 2. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. ADDITIONAL RESPONDENT: 3. THE DIST. COLLECTOR, KOLLAM. (R3 IMPLEADED AS PER ORDER DTD.9.11.2009) ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 30511 of 2009 ================== Dated this the 3rd day of December, 2009 J U D G M E N T The petitioner applied for electricity connection. The line had to be drawn through the adjacent properties owned by Smt.Chandramathy Amma and Sri.Thulaseedharan Pillai. They objected to such drawing of lines through their properties. The 1st respondent moved the Additional District Magistrate under Section 16(1) of the Indian Telegraph Act. The Additional District Magistrate overruled the objections of other land owners and permitted the 1st respondent to draw electric lines for giving electricity connection to the petitioner through the properties of the objectors. However, on an intimation received from those persons to the effect that an R.S.A. is pending before the High Court in respect of a dispute between the said persons and the petitioner, the Additional District Magistrate kept the order on hold. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) To issue a writ of mandamus directing the respondents to provide service connection to the petitioner's house forthwith; ii) To grant such other relief as this Hon'ble Court deems just and proper in the interest of justice with costs.” 2. On 9.11.2009 I passed the following order: “The petitioner is an applicant for electricity connection. The petitioner complains that in spite of completing all formalities, she is not favoured with an electricity connection. Standing counsel for the Electricity Board submits that although the Addl. District Magistrate had by Ext.P1 order, overruled the objections of two persons granting 2 permission to draw electricity line to the petitioner's premises, those objectors had informed the District Collector that in respect of the property in question, a R.S.A. is pending before this Court. Therefore, the District Collector has directed that Ext.P1 order be kept in abeyance. Therefore, I direct the Government Pleader to get instructions as to why the District Collector had kept Ext.P1 in abeyance simply because an objector had informed the District Collector that a R.S.A. is pending in respect of the dispute between the petitioner and the objectors in respect of the property. For this purpose, the District Collector would stand suo motu impleaded as additional respondent in the writ petition. The petitioner shall furnish the Govt. Pleader with a copy of the writ petition.” 3. On 23.11.2009 I passed the following order: “The Govt. Pleader submits that the District Magistrate on an misunderstanding of the situation directed that Ext.P1 order be kept in abeyance on receiving a legal notice from the 3rd party with whom the beneficiary has some litigation pending in respect of the property in question. It is submitted that now the correct position having been intimated to the District Magistrate, he is taking further steps on the same. Post next week” 4. Today the learned Government Pleader submits that the Additional District Magistrate has now withdrawn the letter dated 16.6.2009, by which, his earlier order was kept in abeyance and therefore, the 1st respondent can go ahead with the drawing of lines in accordance with the orders already passed. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent draw electricity lines as permitted by the Additional District Magistrate, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3