IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 24716 of 2008(P) ------------------------------------------------ PETITIONER: ------------------ M/S/ HEERA CONSTRUCTION COMPANY PRIVATE LIMITED, HEERA PARK, M.P. APPAN ROAD, VAZHUTHACAD, TRIVANDRUM, REPRESENTED BY ITS GENERAL MANAGER A.R. NAIR, S/O. ACHUTHAN PILLAI, AGED 72 YEARS. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ---------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYHUTHI BHAVAN, PATTOM TRIVANDRUM. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ULLOOR, TRIVANDRUM. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, POWER DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1,2 R3 BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 24716 OF 2008 P -------------------------------------- Dated this the 26th August, 2008 JUDGMENT Prayer in the Writ Petition is to give a direction to the respondents to grant administrative sanction for regular electric connection to Heera Haven and to energise the in house transformer installed and to provide regular electric connection to the petitioner and individual flat owners. 2. Briefly put, the case of the petitioner is as follows: Petitioner is a builder. It availed electric connection having three phase in the name of the Managing Director during the construction activities which were completed. The purchasers of the individual flats are to be given physical possession during the year 2007 as per the contractual obligations. But the supply which is provided is at the rate of more than four times fixed for domestic purpose. On completion of the entire project, the petitioner has applied for individual connection for the individual purchasers for which WPC. WP(C). NO.24716/08 P 2 application fee, processing fee and cable lining fee for supply of electricity were paid much earlier. The application was accompanied with all the records. The Electrical Inspector approved for the electric connection to the individual flat owners. Final NOC was also obtained from the Electrical Inspectorate for energising the transformer. There was inspection by the Anti Power Theft Squad and the Bill was issued for Rs.23,76,100/= vide Ext.P2. This was challenged by the petitioner in a civil Suit, OS No.589/07 wherein injunction was obtained against disconnection on payment of Rs.11,86,050/= which was remitted. 3. I heard the learned counsel appearing for the petitioner and the learned standing counsel appearing on behalf of the respondent Electricity Board. Learned standing counsel submits on instructions that the connection can be given on the following conditions being satisfied: Petitioner has to pay the amount for the road cutting for laying the underground cable as per the estimate. Petitioner has WPC. WP(C). NO.24716/08 P 3 also to provide a RMU Unit. It is also pointed out that an Undertaking has been given by the petitioner builder and the payment of the amount has to be made in terms thereof. Learned counsel for petitioner submits that the petitioner will comply with the aforesaid conditions and the connection may be granted. Recording the submissions of the parties, the Writ Petition is disposed of directing that if the conditions aforesaid are satisfied, the electric connection will be granted at the earliest and, at any rate, within a period of three weeks of the fulfillment of the conditions. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge