IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 9431 of 2010(D) ------------------------- PETITIONER(S): --------------- P.A.MUHAMMADALI, AGED 61 YEARS, S/O.ABDUL RAHMAN, PREINGATTU HOUSE, OONNUKAL P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADVS. SRI.VIJAI MATHEWS SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): --------------- 1. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KOTHAMANGALAM. 2. GEORGE KURUVILA, AGED 45 YEARS, S/O.KURUVILA, 36/3046 B, ASRA-75, AZAD ROAD, KALOOR, KOCHI. R1 BY ADV. SRI. C.K. KARUNAKARAN, SC R2 BY ADVS. SRI.T.M.SUNIL SMT.S.CHITHRA SRI.VINOD VALLIKAPPAN SRI.JOHN NUMPELI (JUNIOR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON,J. ------------------------------------------------- W.P.(C).NO.9431 OF 2010 ---------------------------------------- Dated this the 10th day of June, 2010 J U D G M E N T The petitioner is challenging Ext.P1 show-cause notice issued by the Board for disconnecting the supply and to remove the lines drawn in the property of the second respondent, in view of the complaint made by the 2nd respondent that the line was drawn without getting his consent or after considering the objections. The learned counsel appearing for second respondent submits that the second respondent has raised objections against the drawal of the lines and after considering the said objection the 1st respondent has issued Ext.P1 show-cause notice and that the petitioner is at liberty to substantiate the position before the 1st respondent. Since the proceedings are to be finalized as above, the Writ petition is not liable to be entertained; submits the learned counsel. 2. The first respondent has filed a counter affidavit referring to the sequence of events. The learned counsel for the Board submits that the Board is ready and willing to abide by any orders to be passed by this Court, in respect of the grievance and cause of action projected in the Writ petition. 3. After hearing both the sides, this Court finds that all the parties are to be given an opportunity of hearing and that further proceedings W.P.(C).NO.9431 OF 2010 2 pursuant to Ext.P1 could be finalized only thereafter. In the said circumstances, the first respondent is directed to finalize Ext.P1 taking note of Ext.P4 objection preferred by the petitioner and final order in this regard shall be passed after hearing both the sides (the petitioner and the 2nd respondent), as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. It is made clear that till such final orders are passed, all further steps to effect disconnection of the electric supply shall be kept in abeyance. P.R.RAMACHANDRA MENON,JUDGE. pm