IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 19492 of 2011(J) --------------------------------- PETITIONER(S): -------------------- EBANEZER,S/O.ANPAYYAN,AGED 53 YEARS, R/AT IX/1380/MGA , IKKA NAGAR, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY,VYDHYUDHI BHAVAN,PATTOM, THIRUVANANTHAPURAM 695 004. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD,PALLIVASAL EXTENSION SECTION, MUNNAR DIVISION, MUNNAR PO, IDUKKI DISTRICT, PIN 685 612. 3. THE KANNAN DEVAN HILLS PLANTATION COMPANY, REP,BY ITS SENIOR MANAGER, DEPARTMENT OF ENGINEERING, REGIONAL OFFICE, MUNNAR PO,IDUKKI DISTRICT, PIN 685 612. 4. THE STATE OF KERALA,REP.BY THE SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT(RA), SECRETARIAT,THIRUVANANTHAPURAM ,PIN 695 001. R1 & 2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R3 BY ADVS. SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.TOM THOMAS (KAKKUZHIYIL) R4 BY GOVT. PLEADER SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 19492/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE OWNERSHIP CERTIFICATE DATED 03/07/2009 ISSUED BY THE SECRETARY OF THE MUNNAR GRAMA PANCHAYAT TO THE PETITIONER. P2: COPY OF THE BUILDING TAX RECEIPT DATED 03/08/2009 ISSUED FROM THE MUNNAR GRAMA PANCHAYAT. P3: COPY OF THE REQUEST DATED 06/09/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P4: COPY OF THE COMMUNICATION DATED 14/10/2009 ISSUED BY 2ND RESPONDENT DIRECTING THE PETITIONER TO PRODUCE DOCUMENTS TO PROVIDE NEW ELECTRIC CONNECTION. P5: COPY OF THE COMMUNICATION DATED 06/11/2009 ISSUED BY THE 2ND RESPONDENT DIRECTING THE PETITIONER TO PRODUCE NOC FROM THE ASS.EXECUTIVE ENGINEER, KSEB. P6: COPY OF THE JUDGMENT DATED 22/12/2010 IN WPC.NO.37875/2010 RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 19492 OF 2011 -------------------------- Dated this the 25th day of July, 2011 J U D G M E N T The petitioner applied to the third respondent for electricity connection to his residence bearing door No.X/1380 of Munnar Grama Panchayat. By Ext.P5 letter dated 6.11.2009 the third respondent called upon the petitioner to produce a No objection Certificate from the Assistant Executive Engineer of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) for the reason that the Board has a claim over the land situate in Sy. No.843/A of Kannan Deven Hills Village wherein the petitioner's building is situate. This writ petition is filed aggrieved by Ext.P5 and seeking a direction to the third respondent to provide electricity connection to the petitioner's residence without insisting on the production of a No Objection Certificate from the Assistant Executive Engineer of the Board. 2. When the writ petition came up for admission today, the learned standing counsel appearing for the Board and the learned standing counsel appearing for the third respondent submitted that pursuant to a claim made by the Board in respect of the lands situate in Sy. No.843/A of Kannan Deven Hills Village, a survey is WPC No.19492/2011 2 going on and that was the reason why the No Objection Certificate was insisted upon. The leaned counsel on both sides submitted that in similar circumstances a learned single Judge of this Court has by Ext.P6 judgment directed electricity connection to be given if the applicant is otherwise eligible with the observation that the mere fact that electricity connection was given will not defeat the rights of the State Government or the Board over the lands in question. In the light of the fact that in similar circumstances this Court has directed electricity connection to be given to the residential building situate in the very same survey field, I am of the opinion that similar relief can be granted to the petitioner also. I accordingly dispose of the writ petition with a direction to the third respondent to give electricity connection to the petitioner's building, if he is otherwise eligible, subject to priority. It is however made clear that the giving of electricity connection to the petitioner's building will not defeat the rights of the State Government or the Board over the disputed lands. P.N.RAVINDRAN, (JUDGE) vps WPC No.19492/2011 3