IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 21915 of 2009(H) -------------------------- PETITIONER(S): --------------- DR.XAVIOUR,PROPRIETOR, M/S.MUNNAR PALACE (PANKAJAM COTTAGE),NEAR MSA LIMITED,MUNNAR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITIY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. M/S TATA TEA LIMITED,ELECTRICAL SECTION, REP.BY MANAGER,ENGINEERING, MUNNAR.P.O. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 SRI.JOSEPH KODIANTHARA FOR R2 SRI.TERRY V.JAMES FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 21915 OF 2009 ----------------------------------- Dated this the 19th day of August, 2009 J U D G M E N T The petitioner who is running a resort in Munnar, has approached this Court for directing the second respondent (the concerned licencee) to give electrical connection to the petitioner's building in question, stating that, the petitioner has already satisfied all the requirements for facilitating such connection. 2. Learned counsel appearing for the second respondent submits that, the building in question is situated within 50 yards of Munnar River and that there was a verdict passed by a learned Single Judge of this Court to the effect that no electric connection could be given to any such building; which however stands set aside by the Division Bench of this Court. It is brought to the notice of this Court that, the matter is pending consideration before the Apex Court, wherein 'status-quo' has been ordered to be maintained as borne by Annexure R2(a) produced along with the statement dated 19.08.2009 filed by the second respondent. 3. As borne by the contents in paragraph 3 of the statement , the second respondent has mentioned that, there is no objection to give power WPC NO.21915/2009 2 connection to the petitioner, as well as the others similarly situated, subject to the condition that, granting of such power connection shall not be construed to mean that the construction of building in question stands legalized. 4. After hearing both the sides and also in view of the averments made by the second respondent is hereby directed to provide necessary electrical connection to the petitioner's building referred to in Ext.P1, subject to the priority among the similarly situated persons, as expeditiously as possible. It is further made clear that, granting of such connection will not mean that the construction effected by the petitioner or others concerned stands legalized in any manner. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc