IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 20827 of 2011(C) -------------------------- PETITIONERS: --------------- 1. BHARAT SANCHAR NIGAM LIMITED, REPRESENTED BY THE CHIEF GENERAL MANAGER, KERALA TELECOM CIRCLE, TRIVANDRUM 595 033. 2. THE DIVISIONAL ENGINEER (BSS), BNSL MOBILE SERVICES, IDUKKI, PAINAVU 685 604. 3. SUB DIVISIONAL ENGINEER BSS, BSNL, ADIMALI. BY ADV. SRI.P.J.PHILIP RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM 695 001 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, MUNNAR. 3. MUNNAR GRAMA SPECIAL GRADE PANCHAYAT REPRESENTED BY ITS SECRETARY (SPECIAL GRADE), MUNNAR 685 612. 4. KANNAN DEVAN HILLS PLANTATIONS COMPANY LIMITED REPRESENTED BY ITS MANAGER ENGINEERING, K.D.H.P COMPANY LTD,MUNNAR 685 612. 5. TATA TEA LTD,KERALA,REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, P.B.NO.2, MUNNAR 685 612. ADV. SMT.AYSHA YOUSEFF, SC FOR R3 SRI.T.R.RAJAN, SC FOR KSEB SRI. JOSEPH KODIYANTHARA SRI. MATHEWS J.UTHUPPACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 20827/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AGREEMENT DATED 1.2.2007 BETWEEN THE BSNL AND THE 5TH RESPONDENT EXT.P2 : COPY OF OWNERSHIP CERTIFICATE ISSUED BY THE 4TH RESPONDENT EXT.P3 : COPY OF THE ORDER DATED 11.3.2008 BY THE MUNNAR SPECIAL GRADE PANCHAYAT GRANTING BUILDING PERMIT EXT.P4 : COPY OF THE ORDER NO.11414/R.D2/2010 DATED 30.10.2010 BY THE STATE GOVERNMENT EXT.P5 : COPY OF APPLICATION DATED 24TH OF JULY, 2010 TO THE 6TH RESPONDENT REQUESTING ELECTRICITY CONNECTION EXT.P6 : COPY OF LETTER DATED 20.8.2010 BY THE 4TH RESPONDENT TO THE BSNL EXT.P7 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) No. 21915 OF 2009 DATED 19.8.2009 EXT.P8 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) No. 30713 OF 2010 DATED 8.10.2010 EXT.P9 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) No.35205 OF 2010 DATED 2.12.2010 EXT.P10 : COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HON'BLE COURT IN W.A. NO.224/2001 DATED 30TH JUNE, 2005 EXT.P11 : COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE PETITION NO.CC 5049/2007 DATED 10.7.2007 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 20827 OF 2011 -------------------------- Dated this the 2ndday of August, 2011 J U D G M E N T The petitioners applied to the fourth respondent for electricity connection to its mobile base transceiver station situate in Sy. No.61/6 of Kannan Devan Hills Village, Devikulam Taluk, Idukki District. By Ext.P6 letter dated 20.8.2010 the fourth respondent rejected the application on the ground that the mobile base transceiver station is erected in a parcel of land to which an order passed by the Apex Court applies and therefore power supply cannot be given. In this writ petition, the petitioners challenge Ext.P6 and seek a direction to the respondents to give electricity connection to the mobile base transceiver station. 2. When the writ petition came up for admission/hearing today, Sri.Mathews J.Uthuppachan, learned standing counsel appearing for respondents 4 and 5 submitted that the order of status quo passed by the Apex Court will apply to buildings situate within 50 yards of Munnar river and that this Court has by Ext.P7 judgment directed electricity connection to be given to another applicant without prejudice to the right of the State/respondents 4 and 5 over the disputed lands. WPC No.20827/2011 2 In such circumstances, I dispose of the writ petition with a direction to respondents 4 and 5 to give electricity connection to the petitioner’s mobile base transceiver station situate in the property described in Ext.P1 expeditiously. It is however clarified that the giving of electricity connection will not defeat the rights, if any, of respondents 4 and 5 over the lands where the building to which connection is given situate. P.N.RAVINDRAN, (JUDGE) vps