Petitioner sought a direction for electricity connection to a newly built house. The Court dismissed the petition, holding it premature as possession and tax certificates remained pending in a partition suit and a Village Officer's order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938
WP(C).No. 39554 of 2015 (T)
PETITIONER(S):
SATHI P., W/O.GOVIND, AGED 43 YEARS, PURTHAN VEEDU, PERINGOTTUKURRISSI, ALATHUR TALUK, PALAKKAD DISTRICT - 678 574.
BY ADV. SRI.BABY MATHEW
RESPONDENT(S):
1. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, K S E B OFFICE, PERUNGOTTUKURRISASI, ALATHU TALUK, PALAKKAD DISTRICT - 678 574.
2. SECRETARY, PERUNGOTTUKURRISASI GRAMA PANCHAYATH, ALATHU TALUK, PALAKKAD DISTRICT - 678 574.
3. P.MADHAVI AMMA, D/O.LATE PUTHANVEETIL, KALAYANI AMMA, AGED 85 YEARS, PERUNGOTTUKURRISASI, NOW RESIDING AT MANNUR, MANNUR POST, MANNUR VILLAGE, PALAKKAD DISTRICT - 678 642.
4. VILLAGE OFFICER, PERUNGOTTUKURUSSI II VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT - 678 574.
ADDL.R4 IS IMPLEADED AS PER ORDER DATED 29.02.2016 IN IA 2814/16.
R1 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R2 BY ADV. SRI.JACOB SEBASTIAN R4 BY GOVERNMENT PLEADER SMT.LILLY K.T.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 39554 of 2015 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1: | TRUE COPY OF THE PURCHASE CERTIFICATE DATED 21/03/2012 |
|---|---|
| EXT.P2: | TRUE COPY OF THE N O C DATED 16/11/2013 ISSUED FROM THE 2ND RESPONDENT'S OFFICE. |
| EXT.P3: | TRUE COPY OF THE ORDER IN IA.NO.309/2014 DATED 28/02/2014 |
| EXT.P4: | TRUE COPY OF THE ELECTRICITY BILL DATED 17/04/2015. |
| EXT.P5: | TRUE COPY OF THE LAND TAX RECEIPT DATED 1/3/14 |
| EXT.P6: | COPY OF THE POSSESSION CERTIFICATE DATED 1/3/12 |
| EXT.P7: | COPY OF THE COMMUNICATION LETTER DATED 2/4/14 |
| EXT.P8: | COPY OF THE REPRESENTATION DATED 29/4/14 |
| EXT.P9: | COPY OF THE COMMUNICATION LETTER DATED 15/12/15 |
| RESPONDE ---------------- |
NT(S)' EXHIBITS ----------------------- |
NIL. / TRUE COPY /
P.S. TO JUDGE
PJ
A.M. SHAFFIQUE, J.
============= W.P. (C) No. 39554 of 2015
===================
Dated this, the 23rd day of May, 2016
J U D G M E N T
Petitioner has approached this Court seeking for a direction to the 1st respondent to provide electricity connection to the petitioner's newly built house.
The said authorities did not provide the same insisting for a possession certificate. At this stage, petitioner has approached this Court.
W.P(C) No. 39554/2015
-:2:-
W.P(C) No. 39554/2015
-:3:-
by the Village Officer in Ext.P9. The remedy therefore of the petitioner is to challenge Ext.P9 and seek appropriate direction.
Reserving right of the petitioner to challenge Ext.P9, the writ petition is dismissed.
Sd/- A.M. SHAFFIQUE, JUDGE
Rp23/05/2016
//True Copy//
P.S to Judge
1 issue framed by the court
Whether the High Court should intervene when substantial property rights between parties remain pending adjudication in a civil suit.
Sathi P.
Assistant Engineer, Kerala State Electricity Board
Secretary, Perungottukurrisasi Grama Panchayath
P. Madhavi Amma
Village Officer
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
