IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6264 of 2008(U) ------------------------- PETITIONER: ------------- T.P.RAJU, "HARI SREE", ETTUMANOOR P.O., ETTUMANOOR, KOTTAYAM DISTRICT. BY ADV. SRI.P.R.AJITHKUMAR SRI.K.MANOJ CHANDRAN RESPONDENTS: ---------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KSEB, VAIKOM. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, ETTUMANOOR. 4. THE ADMINISTRATIVE OFFICER, SREE MAHADEVA TEMPLE, ETTUMANOOR DEVASWOM, TRAVANCORE DEVASWOM BOARD. R1 TO R3 BY SRI.P.P.THAJUDEEN, SC, KSEB. R4 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------- W.P.(C) No. 6264 of 2008 ---------------------------------------------- Dated this the 22nd February, 2008. JUDGMENT The petitioner took on contract, the running of a comfort station in a land belonging to the Travancore Devaswom Board. There is a 1HP motor used for drawing water from the temple pond, for the purpose of the comfort station. The Kerala State Electricity Board took the stand that it is an unauthorized connection and has issued the impugned bill. The Travancore Devaswom Board has written to the petitioner stating that it is the petitioner’s liability to pay such amount. The liability between the petitioner and the TDB in terms of the contract between them is not a matter to be looked into in writ jurisdiction. It is also not permissible to sustain this litigation as one against the Electricity Board, at the instance of the petitioner, who is not a consumer. The TDB has to ensure that facilities to the devotees are not interfered with and that there is no disconnection of electrical supply. Under the aforesaid circumstances, this writ petition is WPC : 6264 OF 2008 2 disposed of, preserving the right of the petitioner to have redressal of his grievance, if any, in relation to the contract between him and the TDB by negotiation and mediation between them or adjudication by the proper court. The Board is directed to ensure that the facilities, available to the devotees and pilgrims through the comfort station, including availability of water, are not, in any manner, impaired. The Board shall not disconnect the supply for a period of three weeks to enable the TDB to make the payment. It is further directed that any request of the TDB to the Electricity Board to reduce the outstandings in terms of the bill shall also be considered, having regard to the fact that the premises is attached to a place of worship. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ttb