IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 30230 of 2009(W) -------------------------- PETITIONER(S): --------------- V.A.DAVID, S/O.ABRAHAM, AGED 62 YEARS, VADAKKOOD HOUSE, C.S.I. COMPOUND, ALUVA-1. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): --------------- THE EXECUTIVE ENGINEER, TOWN MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, ALUVA. BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 30230 of 2009 ................................................. Dated this the 11th day of November, 2009 J U D G M E N T The petitioner was a consumer of electrical energy supplied by the respondent under Consumer No. 11239. It was a three phase connection coming under LT IV tariff. Due to certain circumstances, which according to the petitioner was beyond his control, on account of his serious illness, the electricity connection happened to be disconnected and the electrical installation dismantled. The petitioner applied for reconnection. But he was informed that he had to apply for fresh connection after clearing all dues in respect of the earlier connection. The petitioner filed W.P (C) No. 19220 of 2009 before this court which was dismissed holding that the petitioner is liable to clear the arrears even after disconnection. According to the petitioner, petitioner has remitted all dues and requested for fresh connection. However, he was informed by the respondents that electric connection can be given only if fresh wiring is done, in spite of the fact that wiring is already there in the building. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: W.P(C) No. 30230 of 2009 -2- “ i. issue a writ of mandamus directing the respondent to provide electric connection to the petitioner's building, immediately.” 2. The learned standing counsel for the respondent originally contended that the petitioner has not filed any application for fresh connection at all. In view of that contention, the petitioner has now filed Ext.P2 application and Ext.P3 order of the Deputy Chief Engineer, Electrical circle, Perumbavoor in respect of the same, which according to the petitioner would go to show that the petitioner had in fact submitted an application on which proceedings have been initiated by the Deputy Chief Engineer and therefore the contention that the petitioner has not submitted application for fresh connection is unsustainable. 3. I have considered the rival contentions in detail. 4. Ext.P3 order of the Deputy Chief Engineer refers to an application of the petitioner and directs thus: “The LT IV Industrial service connection to Sri. V.A. David, Vadakood (H), CSI compound, Aluva-I Consumer No. 11239 under Electrical Section Aluva (T) was dismantled on 17/3/2009. The consumer has requested for effecting the dismantled LT IV connection by remitting AF on 24/7/09. Sanction is hereby accorded to re effect service connection of the above consumer after realizing the following due if not done earlier. 1. Entire arrears of Electricity charges with up to date surcharge, interest etc. W.P(C) No. 30230 of 2009 -3- 2. Deposit work charges for dismantling and constructing the line for effecting the service connection. 3. Meter minimum charges up to the date of re- effecting the service connection, testing charges, inspection fees and application fee etc. 4. Additional cash deposit. 5. Service connection charge. 6. Power allocation processing fees.” The respondent is bound by Ext.P3 order. Therefore they are bound to comply with the directions contained therein. Accordingly, the writ petition is disposed of with a direction that if the petitioner complies with all the conditions in Ext.P3 order, electricity connection shall be given to the petitioner within two weeks. S. SIRI JAGAN, JUDGE rhs