IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 31331 of 2010(N) ----------------------------------------- PETITIONER(S): ------------------------ ASHRAF SIDDIQUE, AGED 56 YEARS, S/O.LATE A. SIDDIQUE, 34/831, NOOR MANOR, EDAPPALLY P.O., KOCHI- 682 024. BY ADVS. SRI.VIJU THOMAS, SMT.M.MEENA JOHN. RESPONDENT(S): --------------------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, GIRINAGAR, KADAVANTHRA, ERNAKULAM-680 020. 2. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM- 695 001. R1 & R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.31331 OF 2010 -------------------------------------------- Dated this the 9th day of November, 2010 JUDGMENT The petitioner, a consumer of the second respondent with No.21536 filed this Writ Petition mainly with the prayer to issue a writ of mandamus commanding the first respondent to accept Ext.P2 request and consider the same in terms of clause 5 or regulation 41 of the K.S.E.B Terms and Conditions of Supply, 2005 (for short 'Code' only). Admittedly, electricity connection to the apartment of the petitioner was dismantled. It was in the said circumstances that the petitioner has approached the first respondent through Ext.P2 request. The contention of the petitioner is that his claim falls under exemption provided under regulation 41(5) of the Code. 2. A statement has been filed in this Writ Petition on behalf of the respondents. It is stated thereunder that the electricity connection to the petitioner's apartment was dismantled and therefore, the petitioner has to satisfy the conditions prescribed under Regulation 41(5) of the Code, for getting re-connection. Thus it is obvious that the claim of the petitioner made as per Ext.P2 and also the stand of the respondents in the statement are virtually one and the same. The petitioner is claiming for re- W.P.(C) NO.31331/2010 2 connection of electricity and for that purpose, he has made request as per Ext.P2. The stand of the respondents is that the electric connection could be re-connected only in case the petitioner complies with the formalities and conditions under Regulation 41(5) of the Code. In the said circumstances, this Writ Petition is disposed of as hereunder:- The petitioner shall submit an application after complying with the formalities, to the first respondent seeking re-connection of the dismantled service connections in terms of regulation 41 (5) of the Code. On receipt of the same, the first respondent shall intimate the petitioner with respect to the amount due payable for re-connection in terms of the aforesaid regulation. There will be a further direction to the first respondent to effect re-connection of the dismantled connection on payment of the amount thus quantified and intimated, forthwith. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.31331/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.31331/2010 4