IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21235 of 2009(Y) -------------------------- PETITIONER(S): --------------- NARAYANIKUTTY AMMA, AGED 64 YEARS, W/O.LATE NARAYANAN NAIR, KADALATTU HOUSE, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENT(S): --------------- 1. THE ASSISTAT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSE BOARD, PATTANAKKAD, CHERTHALA. 2. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, ALAPPUZHA. 3. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. 4. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 5. GOPALAN NAIR, S/O.KESAVA PILLAI, KADALATTU HOUSE, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.21235 OF 2009 ------------------------ Dated this the 31st day of July, 2009. JUDGMENT Petitioner claims to be the owner and in possession of a building bearing No.3/618, Vayalar Panchayat. Exts.P1 to P3 are the tax receipt, possession certificate and ownership certificate in respect of the property and building owned by the petitioner. 2. According to the petitioner, the building in question, though belongs to her is shared with the 5th respondent and his family who are occupying a separate portion of the building. It is stated that the 5th respondent made an application for supply of energy and connection was given with consumer No.2767. It is stated that, subsequently the 5th respondent defaulted payment, resulting in disconnection of power supply. Thereafter the petitioner made Ext.P1 application for a new connection for WP(c).No.21235/09 2 the portion of the building occupied by her. It is stated that there was no progress in the matter and therefore this writ petition is filed. 3. The standing counsel appearing for the respondent Board on instructions submit that, when application was received the 5th respondent raised objections for supplying energy to the premises occupied by the petitioner and therefore the first respondent has referred the matter to the 2nd respondent for removal of the obstruction in terms of the provisions contained in Section 16 of the Indian Telegraph Act and Section 164 of the Electricity Act 2003. It is stated that the matter is pending before the Addl. District Magistrate. 4. In the aforesaid circumstances pointed out by the respondents, only after the 2nd respondent passes an order removing the obstruction, can further action be taken on the application made by the petitioner. At this stage the only order the petitioner can seek is a direction to the 2nd respondent to finalize the proceedings pending before him. WP(c).No.21235/09 3 5. Having regard to the above, I direct the 2nd respondent to pass final orders on Ext.P1 application made by the petitioner. This shall be done as expeditiously as possible and at nay rate within 6 weeks from the date of production of a copy of the judgment, with notice to the parties concerned. 6. Counsel for the petitioner submits that the petitioner be permitted to clear the arrears that is due from the 5th respondent and on that basis, the first respondent may be directed to restore power supply to consumer No.2767. Taking into account the submission so made, it is directed that if the petitioner clears the arrears due from the 5th respondent, the first respondent shall restore power supply to consumer No.2767, subject to compliance of other formalities, if any, by the petitioner. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.21235/09 4