IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 34733 of 2010(N) --------------------------------------- PETITIONER: ------------------- R.S.MONY, AGED 65,S/O. RADHAKRISHNAN, GRAHAMS LAND ROAD, MUNNAR. BY ADVS. SRI.M.L.SAJEEV, SRI. JAISON JOSEPH. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDHYUD BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, DEVICOLUM, MUNNAR IDUKKI. 3. KANNAN DEVAN HILLS PLANTATION COMPANY LIMITED, REPRESENTED BY ITS MANAGER, ENGINEERING, DEPARTMENT, K.D.H.P. COMPANY LIMITED. R1 & R2 BY SRI. P.P. THAJUDEEN, S.C, R3 BY ADV. SRI. E.K. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.34733 of 2010 ---------------------------------------- Dated 30th November, 2010 JUDGMENT The petitioner is the owner of a building bearing Door No.IX/1157 of Munnar Grama Panchayat. Ext.P1 is the ownership certificate issued in respect of the said building. This writ petition has been filed mainly with a prayer to issue a writ of mandamus commanding the respondents to grant electric connection to the aforesaid building owned by the petitioner. According to the petitioner, the third respondent is the licencee empowered to give electric connection in Munnar. Therefore, the petitioner has approached the third respondent and submitted an application to grant electric connection to the aforesaid building. Pursuant to the same Ext.P3 has been served on the petitioner. Ext.P3 would reveal that the petitioner is not granted with electric connection as requested on the ground that the Hon'ble Apex Court has issued an order of status quo. It is not discernible from Ext.P3 as to what exactly is the nature of the order passed by the Hon'ble Apex Court. However, it is evident that the said issue has come up for consideration before this Court in a number of writ petitions. Exts.P6 and P7 are judgments in W.P.(C)Nos.17958 of 2010 and 30713 of 2010 respectively. WP(C).No.34733/2010 2 After considering the issue involved therein which is akin to the one involved in this writ petition this Court issued a direction to the licencee to grant electric connection to the concerned building after making it clear that the directions therein would not in any way legalize its construction. In that context it is to be noted that the direction of the Apex Court referred to in Ext.P3 is against construction within 50 yards of Munnar river. In view of the position obtained in this case, I am inclined to dispose of this writ petition as hereunder in the light of Exts.P6 and P7 judgments:- The third respondent is directed to provide electric connection to the building bearing Door No.IX/1157 of Munnar Grama Panchayat according to the priority among similar persons, as expeditiously as possible, subject to satisfaction of the required formalities by the petitioner. It is made clear that the grant of electric connection will not legalize the construction and also will not confer any other right on the petitioner. C.T.RAVIKUMAR Judge TKS