IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 3681 of 2010(I) ------------------------- PETITIONER(S): --------------- KOODARANHI GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KOODARANHI P.O., KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, THIRUVAMBADY, KOZHIKODE. 4. THE DEPUTY TAHSILDAR (R.R.), KOZHIKODE. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2&3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 3681 of 2010 -------------------------------------- Dated, this the 5th day of February, 2010 J U D G M E N T The petitioner is before this Court challenging the action pursued by the respondents, causing disconnection of the power supply, whereby the petitioner Grama Panchayath is not in a position to provide the drinking water facility to the residential colony situated in the Panchayath. 2. Heard the learned Government Pleader appearing for the respondents 1 and 4 and also learned standing counsel for the respondents 2 and 3. 3. The learned standing counsel for the Board submits on instructions, that the power supply was disconnected much earlier and that because of the callous inaction from the part of the petitioner in satisfying the due amount, the Board was constrained to 'dismantle' the connection. It is stated that, unless the petitioner satisfies all the statutory formalities, no re-connection can be provided, as sought for. It is also brought to the notice of this Court that a sum of nearly Rs.1.5 lakhs is due from the petitioner towards the consumption of energy. 4. After considering the facts and circumstances, particularly WP(C) No.3681/2010 2 as to the plight of the people, who have been virtually denied the facility to have drinking water, this Court, taking a lenient view, directs the respondents 2 and 3 to provide re-connection forthwith; on condition that the petitioner deposits a sum of Rs.50,000/- also satisfying all the statutory formalities within one week. On satisfying the said requirement, necessary re-connection shall be provided to the petitioner, within three days thereafter. It is also made clear that the balance outstanding amount shall be cleared by the petitioner, by way of 'three' equal monthly instalments, the first of which shall be effected on or before the 31st of March, 2010; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc