IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 4734 of 2009(M) ------------------------- PETITIONER(S): --------------- ANTONY KUNNEL, PADINJATTATHIL, KANAJIRACODE, KUNDARA, REPRESENTED BY POWER OF ATTORNEY HOLDER OF MARYKUTTY GIBS (MARIAKUTTY.J.) LEEN COTTAGE, NEAR STEEL WIRE PLANT, KANAJIRACODE, KUNDARA -691501. BY ADV. SRI.A.MUHAMMED HASHIM RESPONDENT(S): --------------- 1. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,KUNDARA SECTION, KUNDARA. 2. KUNDARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,KUNDARA. 3. SECRETARY, KUNDARA GRAMA PANCHAYAT, KUNDARA. 4. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 GOVERNMENT PLEADER MR.BIJOY CHANDRAN FOR R4 SRI.E.S.M.KABEER, FOR R2, 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.4734/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF TAX RECEIPT DT 6.1.09. P2 COPY OF PASS BOOK P3 COPY OF AGREEMENT DT 20.2.07. P4 COPY OF LOCATION SKETCH P5 COPY OF LETTER DT 12.1.09 P6 COPY OF CIRCULAR DT 17.3.08. P7 COPY OF PETITION DT 20.1.09. P8 COPY OF RECEIPT DT 30.12.08. P9 COPY OF PETITION DT 14.1.09 P10 COPY OF LETTER DT 16.3.09. P11 COPY OF RESOLUTION DT 27.12.95. P12 COPY OF LETTER DT 25.3.09 // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 4734 OF 2009 L ```````````````````````````````````````````````````` Dated this the 8th day of April, 2009 J U D G M E N T Prayer of the petitioner is to provide electric supply to the petitioner's building. Further prayer is to command respondents 2 and 3 to allot building number. Petitioner also seeks a mandamus to set aside Ext.P5 and a direction is sought to the 2nd respondent to consider and pass orders on Ext.P7. 2. I heard Sri.T.M.Abdul Lathief, learned counsel appearing for the petitioner, Sri.E.S.M.Kabeer, learned counsel appearing on behalf of respondents 2 and 3, Sri.P.P.Thajudeen, learned standing counsel for the Board besides the learned Government Pleader. 3. In short, the controversy is that the petitioner has put up a building. The petitioner requires electric connection. For the same, the petitioner must make available the building number. According to the petitioner, the Panchayat is refusing to give the building number. By an interim order, this court took note of the submission of the counsel for the Panchayat that a decision will be WPC.4734/09 : 2 : taken on the application filed by the petitioner regarding allotment of number. Subsequently, the petitioner has amended the writ petition and has challenged Ext.P10. The ground taken is that section 220(b) of the Kerala Panchayat Raj Act is applicable only in respect of notified road in the village, Panchayat area and the road in front of the petitioner's property is a very narrow road. It is also stated that the Secretary of the Panchayat issued a letter stating that there is no records maintained in the Panchayat to the effect that the above road is a notified road. No counter affidavit has been filed by the Panchayat. Learned counsel for the Panchayat submits that the Panchayat is not filing any counter affidavit. The learned counsel for the petitioner relies on Ext.P12 to point out that the road with reference to which the objection is raised is not one which is notified. 4. In such circumstances, I feel that the impugned order Ext.P10 cannot be sustained. Accordingly, Ext.P10 is quashed. There will be a direction to the 3rd respondent to consider the question of giving number to the building of the petitioner in accordance with law within ten days from the date of receipt of a WPC.4734/09 : 3 : copy of this judgment. Learned standing counsel for the Board submits that if the petitioner complies with the conditions of Regulation 14 of the KSEB Terms and Conditions of Supply, 2005, electric connection will be granted to the petitioner. Of course, it includes the requirement that the petitioner should produce the number of the building, it is submitted. I record the submission of the learned standing counsel and also direct that if all the documents are produced, connection will be given to the petitioner at the earliest. Writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks