Jalaludeenkunju vs Executive Engineer
2022 Latest Caselaw 9475 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       WP(C) NO. 27427 OF 2022
PETITIONER:

          JALALUDEENKUNJU
          AGED 59 YEARS
          S/O.UNNIKUNJU, MEENATHEL PUTHEN VEEDU,
          PADANAYARKULANGARA, SOUTH MURI, KARUNGAPPALLY VILLAGE
          FROM MEENATHEL VEEDU, KOZHIKODU MEKKU MURI
          AYANIVELIKULANGARA VILLAGE, KARUNGAPPALLY TALUK,
          KOLLAM - 690 518.

          BY ADV P.R.VENKATESH



RESPONDENTS:

    1     EXECUTIVE ENGINEER
          KERALA STATE ELECTRICITY BOARD,
          ELECTRICAL DIVISION, OFFICE OF THE EXECUTIVE ENGINEER,
          KARUNGAPPALLY, KOLLAM - 690 518.

    2     INSPECTOR OF POLICE
          KARUNAGAPPALLY POLICE STATION,
          KOLLAM - 690 518.

    3     SIRAJUDEEN
          AGED 36 YEARS
          S/O.JALALUDEENKUNJU, MEENATHEL PUTHEN VEEDU,
          PADAYARKULANGARA, SOUTH MURI, KARUNAGAPPALLY VILLAGE
          FROM MEENATHEL VEEDU, KOZHIKODU MEKKU MURI,
          AYANIVELIKULANGARA VILLAGE, KARUNGAPPALLY TALUK,
          KOLLAM - 690 518.

          BY ADV R.HARISHANKAR




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.27427/2022
                                                 2




                                         JUDGMENT

The petitioner has approached this Court with the following

prayers:

"(a) issue a writ of mandamus or any appropriate writ, order or direction directing the first respondent to ensure full and prompt supply of power to the petitioner's premises bearing consumer No.69 in the property comprised in old survey No.14905A of Karunagappally Village, which is being used as a Godown for his cycle store, Jalalia Cycle Store by the petitioner and by directing the second respondent to ensure adequate protection, if required for the said purpose by the first respondent or his subordinate officials."

2. The Electricity Board on inspection vide Ext.P4

communication dated 17.5.2022 stated as follows :

"Ref: Your letter No.GB/complaint/ Jalaludeenkunju/2022-2023/230 dated 17.5.2022.

It is understood from your reply that the disconnection of electricity is made only from a point which is beyond your control and responsibility. In any way I have been using the electricity since 1993 in this building without any interruption for my day to day needs. There are cases going on before the Munsiff Court, Karunagappally and Magistrate Court between me and my son and daughter in law. All these cases are pending before the courts and in all the cases court already ordered not to do any kind obstruction to my peaceful day today life. Only Electricity Board has got authority for the disconnection and no other person is liable. Here without your permission my son and my daughter in law have disconnected the electricity to my premises. An order dated 12.5.2022 from the Supreme Court has also been in this regard submitted before your office.

Hence I kindly request your goodself to reconsider decision taken in your letter dated 17.5.2022 based on the WP(C) No.27427/2022

order of the Supreme Court produced herewith and permit me and my family to live peacefully in my house, for which your interference is expected."

3. The contention of the counsel for the petitioner is that

there is dispute amongst the petitioner and the son who has been

assigned with the consumer number has disconnected the

electricity.

4. I am afraid the court cannot interfere in such private

disputes in a Writ Petition under Article 226 of the Constitution of

India as the private respondent would not be falling within the

domain of Article 12 of the Constitution of India. Ppetitioner is at

liberty to seek remedy elsewhere. At this stage it is brought to the

notice of this Court that a civil suit is pending consideration. The

petitioner is at liberty to move an appropriate application in the

pending suit.

The Writ Petition stands disposed of.

Sd/-

AMIT RAWAL JUDGE csl WP(C) No.27427/2022

APPENDIX OF WP(C) 27427/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF ORDER IN I.A.NO.1 OF 2021 PASSED ON 8/9/2021 BY THE MUNSIFF'S COURT, KARUNAGAPPALLY.

Exhibit P2 TRUE COY OF THE REPRESENTATION DATED 25/04/2022 SUBMITTED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE REPLY DATED 17/5/2022 ISSUED TO THE PETITIONER BY THE EXECUTIVE ENGINEER.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 20/07/2022 SUBMITTED BEFORE THE EXECUTIVE ENGINEER BY THE PETITIONER.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 13/5/2022 OF SUPREME COURT IN CIVIL APPEAL NO.810/2022.