IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12535 of 2010(N) -------------------------- PETITIONER: --------------- C.V.THOMAS, CHEERAKKULANGARA HOUSE, DONIGUNDU, JELLYPPARA P.O., AGALI, PALAKKAD. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KSEB, DIVISIONAL OFFICE, MANNARKKAD, PALAKKAD. 3. THE ASSISTANT ENGINEER, KSEB, SUB DIVISIONAL OFFICE, AGALI, PALAKKAD. *4. THE ADDITIONAL DISTRICT MAJISTRATE, PALAKKAD. (*ADDL. 4TH RESPONDENT IS IMPLEADED AS PER JUDGMENT DATED 9.4.2010) BY SRI. P.P.THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. --------------------------- W.P(C). No. 12535 OF 2010 -------------------------- Dated this the 9th day of April, 2010 J U D G M E N T The grievance projected by the petitioner is that, despite filing necessary application before the Kerala State Electricity Board and satisfying the requirements as prescribed, so as to provide a new electric connection to the premises of the petitioner, it is still pending and the petitioner is made to run from pillar to post for the past thirteen months. Learned counsel for the petitioner submits that inaction on the part of the Board is at the instance of somebody else of the locality, who is actually in no way connected with the drawal of electric line, since the posts to be installed are in the public pathway belonging to the Panchayat. 2. The learned standing counsel appearing for the respondent Board submits that installation of 'five' posts is necessary so as to provide new connection; that there is some dispute with regard to the construction of the pathway among the local public and that there is no wilful delay or laches on the part of the Board in this regard. Learned standing counsel also submits that the matter can be caused to be referred to the concerned ADM for proper adjudication, on condition that the petitioner satisfies additional cash deposit and such other requirements as specified under Regulation 14(5) of the Electricity Regulation. Learned counsel appearing for the petitioner submits that the petitioner is ready and willing W.P.(C).No.12535/2010 2 to satisfy the condition. 3. In the above circumstance, the petitioner is directed to satisfy the requirements as above within a week on which event, the matter shall be referred by the authorities of the Board to the concerned ADM within one week thereafter. On such reference, the matter shall be considered by the ADM, Palakkad, who shall pass appropriate orders in accordance with law after giving an opportunity to the petitioner and all concerned as expeditiously as possible, at any rate within one month. The ADM, Palakkad is 'suo motu' impleaded as the additional fourth respondent and the learned Government Pleader appeared on behalf of the additional fourth respondent as well. The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the additional fourth respondent for further steps. The writ petition is disposed of as above. P.R.RAMACHANDRA MENON, (JUDGE ) vps W.P.(C).No.12535/2010 3 W.P.(C).No.12535/2010 4