IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 32679 of 2010(H) ------------------------ PETITIONER : --------------------- SACHIDHANANDHA GOPALAKRISHNAN, SECRETARY, MEENAKSHIPURAM LIFT IRRIGATION FARMERS' ASSOCIATION, MEENAKSHIPURAM, MOOLATHARA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678 533. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------- 1. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION OFFICE, CHITTUR, PALAKKAD DISTRICT, PIN-678 101. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, CHITTUR COLLEGE P.O., CHITTUR, PALAKKAD DISTRICT, PIN-678 104. R1 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R2 BY GOVERNMENT PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.T.RAVIKUMAR, J. ---------------------------------------- W.P.(C)No.32679 of 2010 ------------------------------------------ Dated this the 14th day of December, 2010 JUDGMENT The petitioner is a resident of Moolathara Village. He is also the Secretary of Meenakshipuram Lift Irrigation Farmers' Association which is a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955 with registration No.56 of 2000. This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the first respondent to take effective steps for restoration of pumping operation under Meenakshipuram Lift Irrigation Scheme without any further delay. The electric supply to the pumping house attached to Moolathara Lift Irrigation Project it was disconnected in August, 2004. As a result of disconnection of power supply the entire area situated between Moolathara Dam and Kampalathara Reservoir has been kept without any irrigation facilities which the petitioner and the other farmers were enjoying. There was huge arrears of electricity charges to the tune of Rs.4.52 crores. The matter was settled in the Adalat. In regard to the amount payable to the Kerala State Electricity Board, the learned Government Pleader submitted that the W.P.(C)No.32679/2010 : 2 : amount was paid on 30/09/2010. The learned counsel appearing for the respondent submitted that, in fact, only cheque has been issued for the purpose by the department. Be that as it may it is a fact that the electric connections to the pump house attached to the Moolathara Lift Irrigation Project had been disconnected since August, 2004. 2. The grievance of the petitioner is that no prompt steps were taken for the restoration of the pump operation from the aforesaid pump house. The learned Standing Counsel appearing for the respondent submitted that for resume the pumping operation, rather, for reconnecting the electric supply formalities contemplated under Regulation 41 (3)(c) of KSEB Terms and Conditions of Supply, 2005 have to be complied with. Since the electric supply was disconnected as early as in the year 2004, necessary repairs have to be effected. Thereafter, an inspection has to be conducted by the electrical inspector. Needless to say that the department of Water Resources and Irrigation has to take appropriate steps to comply with the conditions and formalities enjoined under the aforesaid provisions and then only, the pumping operation could be restored after restoring electricity connection to the W.P.(C)No.32679/2010 : 3 : pump houses. In view of the facts obtained in this case this writ petition is disposed of as hereunder. 3. The concerned competent authority under the department of Water Resources and Irrigation shall take appropriate steps to comply with the formalities and conditions enjoined under the regulation 41(3)(c) of KSEB Terms and Conditions of Supply, 2005 within a period of 3 months from the date of receipt of a copy of this judgment. The 2nd respondent shall take up appropriate steps in that regard. After complying with such formalities as enjoined thereunder the concerned authority shall make an application to facilitate inspection by the electrical inspector. Such an inspection shall be conducted within a period of two weeks from the date of submission of application that regard by the department of Water Resources and Irrigation. Based on the out come of such inspection necessary steps shall be taken for restoring the pumping operation after restoring the electrical reconnection, under Meenakshipuram Lift Irrigation Scheme expeditiously. This writ petition is disposed of as above. C.T.RAVIKUMAR, JUDGE skj