IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 36916 of 2008(T) -------------------------- PETITIONER(S): --------------- C.A. DEVASSY ALIAS DAVIS, S/O. ANTONY, CHAKKIYATH HOUSE, OLANAD KARA, ALANGAD VILLAGE, PARAVUR TALUK. BY ADV. SRI.G.G.MANOJ SRI.JAICE JACOB SRI.P.M.BENAZIR RESPONDENT(S): --------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, VARAPUZHA, PIN CODE - 683 517, NORTH PARAVUR, ERNAKULAM DISTRICT. 2. THE EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, NORTH PARAVUR, ERNAKULAM DISTRICT. 3. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. ADDL. RESPONDENT 4. C.A.JOSE S/O.ANTONY, AGED 45 YEARS, CHAKYATH HOUSE, OLANAD KARA, ALANGAD VILLAGE, PARAVUR TALUK ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 SRI.SATHISH NINAN FOR ADDL.R4 SRI.SANTHOSH MATHEW FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ----------------------------------- W.P.(C).NO.36916 OF 2008 -------------------------------------- Dated this the 29th day of October, 2009. J U D G M E N T The petitioner is the brother of the 4th respondent. He owns a building in which the 4th respondent is conducting a workshop. The petitioner wanted the 4th respondent to vacate the building. Ultimately Ext.P1 agreement was reached between the petitioner and 4th respondent, whereby the 4th respondent agreed to shift the workshop and the machinery therein belonging to the 4th respondent from the building belonging to the petitioner within four months. It was also agreed that the petitioner shall get the electricity connection disconnected. That agreement is dated 2.11.2007. According to the petitioner in accordance with Ext.P1, the petitioner applied to the first respondent for disconnecting electricity supply to the building in question. The second respondent, by Ext P3, refused to disconnect the same, on the ground that the suit filed by the 4th respondent is pending, in which there is a request for injunction from dismantling the connection. It is under the above circumstance, the petitioner has filed this writ petition seeking the following reliefs. i. To issue a Writ of Mandamus or other appropriate writ, order or W.P.(C).NO.36916 OF 2008 2 direction directing the Respondents to disconnect the electricity supply provided to the petitioner in his building bearing No.VI 248/A as per consumer number 9800 of KSEB Varapuzha sub division forthwith ii. To order the cost of the proceedings under Rule 157 of the Kerala High Court Rules. iii. To issue such other and further reliefs as may be prayed for from time to time. 2. The 4th respondent now submits that he is not interested in continuing the dispute, but he wants four months time to shift from the building in question. The petitioner agrees to the said request. Accordingly the writ petition is disposed of the following directions: The 4th respondent shall shift his workshop and all machinery therein from the building in question within four months from today. Even if he does not vacate, the first respondent shall, after four months from today, promptly disconnect the supply to the building in question as requested by the petitioner. S. SIRI JAGAN, JUDGE. pm W.P.(C).NO.36916 OF 2008 3