IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33160 of 2008(V) ---------------------------------------------- PETITIONER(S): ---------------------- M.K.SREEDHARAN NAMBIAR, “SREESAILAM”, PATHIYARAKKARA PO., MANIYOOR, VATAKARA, KOZHIKODE BY ADV. SRI.C.R.SIVAKUMAR SMT.NIKHILA SOMAN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY DEPUTY CHIEF ENGINEER, OFFICE OF THE DEPUTY CHIEF ENGINEER KSEB, VATAKARA. 2. ASST.EXECUTIVE ENGINEER, KSEB OFFICE, MANIYOOR, VATAKARA, KOZHIKODE. 3. SUB ENGINEER, KERALA STATE ELECTRICITY BOARD OFFICE, MANIYOOR, VATAKARA, KOZHIKODE. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 33160 OF 2008 V -------------------------------------- Dated this the 17th November, 2008 JUDGMENT Briefly put, the case of the petitioner is as follows: Petitioner purchased a residential property from one Shri Sukumaran Nair vide Ext.P1 Sale Deed on 04.10.2008. The prior owner, according to petitioner, intimated the second respondent about the sale proceedings and he requested for disconnection. The request was made on 10.10.2008 and the second respondent disconnected and dismantled the connection on the same day. According to petitioner, this is in violation of Section 19(3) of the Kerala State Electricity Board's Terms and Conditions of Supply, 2005. As per the Norms, it is the duty of the second respondent to enquire with the present owner as to whether he wants to continue the electric connection. Per contra, learned standing counsel appearing for the respondent Electricity Board would contend that actually the previous owner has filed an application on 10.10.2008 seeking immediate WPC.33160/08 V 2 disconnection and dismantlement, stating that he was going abroad and there is no indication about the sale. He would also submit that if the petitioner applies producing the documents stipulated under Regulation 14, connection can be given within a maximum period of two weeks. Having regard to the facts, the Writ Petition is disposed of as follows: If the petitioner applies for electric connection before the concerned Assistant Engineer supported by the documents, connection shall be given at the earliest, at any rate, within one week from the date of filing of the application supported by documents. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge