Sherry.K.Joseph v. the Deputy Chief Engineer
Case brief
What is this about?
The Court directed the Electrical Inspectorate and the Municipality to conduct an expeditious safety audit and inspection of a building with unauthorized upper floors to verify usage before enforcing a power cut order, reserving liberty for the Municipality under Section 242 of the Kerala Municipalities Act.
What did the court decide?
Directed the Electrical Inspectorate to conduct a safety audit of the building jointly with the Municipality within two weeks to verify usage of unauthorized floors before taking action on the disconn
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940
WP(C).No. 2682 of 2019
PETITIONER/S:
SHERRY.K.JOSEPH, AGED 58 YEARS MANAGING PARTNER, PAGODA RESORTS, CCNB ROAD, NEAR KALLUPALOM, CHUNGAM, ALAPPUZHA.
BY ADV. SRI.JOSE J.MATHEIKEL
RESPONDENT/S:
1 THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, VYDYUTHI BHAVAN, POWER HOUSE ROAD, ALAPPUZHA-688007.
- 2 THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD SUB DIVISION, ALAPPUZHA NORTH, ALAPPUZHA, PIN-688007.
Issues for consideration
3 issues framed by the court
Whether a safety audit and inspection should be conducted to verify usage of unauthorised building floors before enforcement of electric supply disconnection.
Whether the Municipality should be accompanied during the inspection to verify the building status.
Whether action pursuant to the disconnection threat is necessary pending the audit report.
Parties & counsel
- petitioner
SHERRY.K.JOSEPH
- respondent
THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD
- respondent
THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD
- respondent
THE ALAPPUZHA MUNICIPALITY
Coram
Case details
As recorded by the court registry
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