IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 14527 of 2005(D) -------------------------- PETITIONER: ------------ T.SREEDHARAN, THANISSERY HOUSE, PYMKULAM PO, CHERUTHURUTHY. BY ADV. SRI.M.V.BOSE RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE DEPUTY CHIEF ENGINEER, K.S.E.B. VYDYUTHI BHAVAN, THRISSUR. 4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD, CHELAKKARA. 5. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, CHERUTHURUTHY. 6. SHRI.PADMANABHAN, THANISSERY HOUSE, PANJAL, THALAPPILLY TALUK. BY ADV. SRI.ASOK M.CHERIAN FOR R6 ADV.SRI.P.P.THAJUDEEN, SC, KSEB SRI.VINOD CHANDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF ORDER DT 30.1.01. P2 COPY OF ELECTRICITY BILL DT 27.9.04. P3 COPY OF REPRESENTATION DT 23.11.04. P4 COPY OF COMPLAINT DT 26.11.04. P5 COPY OF REPRESENTATION DT 27.11.04. P6 COPY OF ORDER DT 23.3.05. P7 COPY OF REPRESENTATION DT 2.4.05. P8 COPY OF REPORT DT 13.4.05. P9 COPY OF REPRESENTATION DT 22.4.05. P10 COPY OF LETTER DT 27.4.05. P11 COPY OF REPORT DT 25.4.05. P12 COPY OF LETTER DT 29.4.05. P13 COPY OF REPRESENTATION DT 3.5.05. P14 COPY OF LETTER DT 4.5.05. P16 COPY OF RECEIPT OF PAYMENTS DT 16.4.08. P17 COPY OF APPLICATION DT 6.6.08. RESPONDENTS' EXHIBITS: R6(A) COPY OF ORDER DT 5.10.04. R6(B) COPY OF ORDERS DT 5.10.04 OF R5. R6(C) COPY OF APPLICATION DT 9.11.04. R6(D) COPY OF DEED. R6(E) COPY OF AGREEMENT DT 18.3.07. R6(F) COPY OF RELEASE DEED DT 9.8.07. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 14527 OF 2005 D ```````````````````````````````````````````````````` Dated this the 23rd day of June, 2008 J U D G M E N T Petitioner has approached this Court to quash Ext.P12 and to compel the respondents to effect immediate reconnection of the electric supply to the petitioner. There are two electric connections, namely, consumer Nos. 878(house connection) and 1747(motor connection) of Cheruthuruthy section. Consumer No.878 is in the name of the father of the petitioner and the 6th respondent who are brothers. Consumer No.1747 is in the name of the mother of the petitioner and the 6th respondent. There was a disconnection of the house connection. The petitioner filed a representation stating that as per the will of his father, he is entitled to use the house connection. According to the petitioner, the disconnection was at the behest of the 6th respondent. Thereafter, as per interim order of this Court, the connection has been restored. After the filing of this writ petition, the WPC.14527/05 : 2 : petitioner and the 6th respondent have entered into an agreement as per which it is agreed that the connection No.878 can be given to the petitioner. Accordingly, they have filed Ext.P17 application before the 5th respondent. The learned counsel for the petitioner submits that the earlier disconnection itself was illegal and hence the petitioner is entitled to compensation. Any way, the connection has been restored. The learned standing counsel for the Board submits that the disconnection was on valid reasons, i.e., on the basis of the request of the 6th respondent. It appears that a certificate of possession has been given by the Village Officer. There is yet another certificate given by another Village Officer showing common enjoyment. At this stage, the question of compensation alone is the prayer remains. I feel that the writ petition can be disposed of leaving it open to the petitioner to approach the appropriate authority, if so advised in the said regard. Hence, the writ petition is disposed of leaving open the said contention of the petitioner and WPC.14527/05 : 3 : directing the 5th respondent to consider and take a decision on Ext.P17 in accordance with law, after issuing notices to the petitioner, 6th respondent and the other legal heirs of the late father of the petitioner and the 6th respondent, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE