Padmini Gopalakrishnan vs The Kerala State Electricity ...
2021 Latest Caselaw 21641 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 32384 OF 2019
PETITIONER :

          PADMINI GOPALAKRISHNAN,
          AGED 60 YEARS,
          W/O.GOPALAKRISHNAN @RAJENDRAN,
          RESIDING AT SHANKARASSERIL VELIYIL,
          KAITHAVANA MURI, SANATHANAPURAM WARD,
          PAZHAVEEDU VILLAGE,AMBALAPPUZHA TALUK.

          BY ADVS.
          B.PRAMOD
          SMT.NAMITHA JYOTHISH



RESPONDENTS :

    1     THE KERALA STATE ELECTRICITY BOARD
          VAIDYUDHIBHAVAN,PATTOM,
          THIRUVANANTHAPURAM-695004,
          REP.BY ITS SECRETARY.

    2     THE ASSISTANT EXECUTIVE ENGINEER,
          ELECTRICAL MAJOR NORTH SECTION,
          KSEBOARD, ALAPPUZHA, ALAPPUZHA-688009.

    3     THE SUB ENGINEER,
          ELECTRICAL SECTION SOUTH,
          OFFICE OF THE ASSISTANT ENGINEER,
          ELECTRICAL SECTION,
          KSE BOAD,ALAPPUZHA-688002.

    4     SREEKUMAR,
          S/O.SATHYABHAMA,RESIDING AT JAGARIYA PARAMBU,
          (KANNIMEL PURAYIDAM),KAITHAVANA MURI,
          PAZHAVEEDU VILLAGE, ALAPPUZHA-688009.

    5     KUNJUNNI CHAKRAPANI,
          S/O.KUNJUNNI,RESIDING AT JAGARIYA PARAMBU,
          (KANNIMEL PURAYIDAM),KAITHAVANA MURI,
          PAZHAVEEDU VILLAGE, ALAPPUZHA-688009.
 WP(C) NO. 32384 OF 2019
                               2

    6     LAKSHMI SATHYABHAMA,
          D/O LAKSHMY,RESIDING AT JAGARIYA PARAMBU,
          (KANNIMEL PURAYIDAM),
          KAITHAVANA MURI,PAZHAVEEDU VILLAGE,
          ALAPPUZHA-688009.

    7     LAKSHMI SOUDAMINI,
          RESIDING AT JAGARIYA PARAMBU,
          (KANNIMEL PURAYIDAM),
          KAITHAVANA MURI,PAZHAVEEDU VILLAGE,
          ALAPPUZHA-688009.

    8     RAMACHANDRAN,
          S/O.KUNJUNNI,RESIDING AT JAGARIYA PARAMBU,
          (KANNIMEL PURAYIDAM),
          KAITHAVANA MURI,PAZHAVEEDU VILLAGE,
          ALAPPUZHA-688009.

    9     ADDL R9 DISTRICT MAGISTRATE
          (SOUGHT TO BE IMPLEADED)

          BY ADVS.
          AJITHA C.G.
          C.G.BINDU
          K.J.SARANYA RAJ


          BY SC, ADV.SUDHEER GANESH KUMAR




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32384 OF 2019
                                      3


                   BECHU KURIAN THOMAS, J.
                =-=-=-=-=-=-=-=-=-=-=-=-=-=
                   W.P.(C) No.32384 of 2019
                =-=-=-=-=-=-=-=-=-=-=-=-=-=
            Dated this the 2nd day of November, 2021

                               JUDGMENT

The writ petition is filed challenging Ext.P3 communication

issued by the 2nd respondent directing disconnection and dismantling

of electricity connection to the petitioner. The main allegation of the

petitioner is that the direction in Ext.P3 is contrary to law.

2. On a perusal of Ext.P2 judgment rendered in

RSA.No.1027/2010 dated 19.08.2019, it is noticed that a learned

Single Judge of this Court had directed as follows :-

"The unauthorized drawing of electric line across the property of plaintiff to the house of third and fourth defendants cannot be sustained. If it is permitted to continue, it would amount to perpetuating an illegality. Both the trial court and the first appellate court did not understand the legal issues involved in the case and that has resulted in miscarriage of justice".

3. The plaintiffs referred to in the aforesaid

judgment extracted above are respondents 4 to 8 herein, while the

4th defendant referred to in the above extracted portion, is the

petitioner herein.

WP(C) NO. 32384 OF 2019

4. It is evident on account of the judgment in Ext.P2 that

the Electricity Board was acting in compliance with the direction of

this Court in RSA.No.1027/2010, even though belatedly. Though

petitioner had a case that she had approached this Court seeking

review of Ext.P2 judgment, admittedly no orders have been obtained

in the said review. It is submitted by the learned counsel for all the

parties to this lis that the electricity connection has been dismantled

pursuant to Ext.P3 on 22.10.2021.

5. In view of the above, this Court declines to exercise its

discretionary jurisdiction under Article 226 of the Constitution of

India for passing any orders in favour of the petitioner. Therefore

there is no merit in the writ petition and the same is dismissed.

6. After concluding the dictation of this judgment, learned

counsel for the petitioner pointed out Ext.P6 filed by the petitioner

before the Additional District Magistrate, Alappuzha seeking a

direction for grant of electricity connection. The Additional District

Magistrate is neither a party nor has any reliefs been sought for, in

the writ petition relating to Ext.P6. No amendment has been carried

out claiming any relief with reference to Ext.P6. In such

circumstances, it is not possible for this Court to direct consideration

of Ext.P6.

WP(C) NO. 32384 OF 2019

However, this judgment shall not stand in the way of the

petitioner seeking any benefit under any law in force.

The writ petition is dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 32384 OF 2019

APPENDIX OF WP(C) 32384/2019

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 04.08.2015.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 19.08.2019 IN R.S.A.NO.1027/2010

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 21.11.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE DISCHARGE CARD ISSUED OF THE PETITIONER FROM THE GENERAL HOSPITAL, ALAPPUZHA.