Riyas Karuvankavil vs The Kerala State Electricity ...
2022 Latest Caselaw 5311 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                       WP(C) NO. 12060 OF 2022
PETITIONER:

            RIYAS KARUVANKAVIL,
            AGED 38 YEARS,
            S/O.BEEVIKUTTY, RESIDING AT KARAVANKAVIL VEEDU,
            NARUKKUM CHALIL, PERUMPALLY P.O., EANGAPUZHA AMSOM,
            MALAPPURAM DESOM, THAMARASSERY TALUK,
            KOZHIKODE DISTRICT, PINCODE - 673 586.

            BY ADVS.
            MUDASSER AHAMED
            MUNEER AHMED
            JAYKAR.K.S.


RESPONDENTS:

    1       THE KERALA STATE ELECTRICITY BOARD LIMITED,
            NADAKKAVU SECTION, GANDHI ROAD, KOZHIKODE - 673 032
            REPRESENTED BY ITS ASSISTANT ENGINEER.

    2       THE ASSISTANT ENGINEER,
            KERALA STATE ELECTRICITY BOARD LIMITED,
            NADAKKAVU SECTION, GANDHI ROAD, KOZHIKODE - 673 032.

    3       THE KOZHIKODE MUNICIPAL CORPORATION,
            REPRESENTED BY ITS SECRETARY,
            OFFICE OF THE KOZHIKODE CORPORATION,
            BEACH ROAD, KOZHIKODE - 673 032.

    4       THE SECRETARY,
            KOZHIKODE MUNICIPAL CORPORATION,
            OFFICE OF THE KOZHIKODE CORPORATION,
            BEACH ROAD, KOZHIKODE - 673 032.

            BY ADV G.SANTHOSH KUMAR (P).
            SRI B PREMOD SC KSEB


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12060 OF 2022       -2-




                           JUDGMENT

The Lions Club of Calicut, a Society registered under the

Societies Registration Act was put in possession of the property

in dispute by virtue of an agreement dated 19.09.1965 by the

Kozhikode Corporation, respondent No.4. As per the

contention the property was handed over to the Lion's Club for

laying out a garden and establishing a public park and other

amenities, with a liberty to make improvements and construct

buildings in the park for the purpose of generating income for

running and maintaining the park. The Club was fully

authorised to sublease the building and offered to lease the said

building bearing door No.4/1073 B and its adjoining land to the

petitioner for running a cafe-cum-restaurant. A sum of

Rs.15,00,000/- (Rupees fifteen lakhs only) was spent on the

improvement by the petitioner. In 2018 an attempt was made

by the Lions Club and its office bearers to forcefully evict the

petitioner from the building without recourse to the procedure

necessitating the petitioner to file Original Suit No.523/2018 for

a decree of permanent prohibitory injunction against forceful

dispossession and Munisiff Court vide order dated 08.11.2018

restrained the Lions Club from evicting the petitioner without

recourse to the procedure. The aforementioned issues were

solved and fresh agreement was entered into between the Lions

Club and the petitioner in the year 2020.

2. Learned counsel for the petitioner further submits

that the status of the petitioner is of a tenant and entitled to a

statutory protection under the Kerala Building (Lease & Rent

Control) Act. However, the 3rd respondent Corporation under

the guise of renovation of the park, colluding with the Lions

Club attempted to forcefully dispossess the petitioner and even

had demolished the gate installed and at their instance, the

respondent No.2, KSEB disconnected/dismantled the electric

connection. It is in that background petitioner had approached

this Court with the following prayers:

"i. Issue a writ, order or direction in the nature of

mandamus directing the respondent no.1 and 2 to reinstate the electricity connection and the meter bearing consumer no.1166013014820 at door no.4/1073 B situated at Lions Park, Kozhikode, which is under the occupation of the petitioner.

ii. Issue a writ, order or direction in the nature of mandamus directions the respondents to pay a sum of Rs.5,00,000/- to the petitioner as damages for loss of articles and earnings due to the illegal acts of the respondents.

iii. Grant the cost of the above proceedings to the petitioner, realizing the same from the 2nd and 4th respondents.

iv. Grant such other order or direction as this Hon'ble Court may deem fit and necessary, in the facts and circumstance of the case."

3. Respondent No.4, Municipal Corporation,

Kozhikode, opposed the aforementioned prayer on the ground

that possession of the petitioner is unauthorised as the

agreement was entered into between the Kozhikode

Corporation and Lions Club. Lions Club has not been made a

party in this case. Lions Club authority did not comply with the

direction issued by the Corporation and therefore an attempt

was made by the respondents to take action for demolition of

the illegal structure on the land owned by the Corporation. The

terms and conditions of the agreement stipulated that the site

would be taken by the Corporation from the club authorities in

case it is found to be in breach of the maintenance of the park.

Violation of the agreement constrained the respondents to take

action to reclaim the land of the Corporation.

4. Learned counsel for the Electricity Board has refuted

the claim of the petitioner on the ground that possession of the

petitioner transferred. But in terms of the interim order passed

by this Court dated 04.04.2022 interim connection has been

restored.

5. I have heard learned counsel for the parties and

appraised the paper books.

6. Petitioner had taken recourse in a Civil Court for

protecting his possession. The law with regard to the forcible

dispossession has been deliberated upon by the Supreme Court

in Rame Gowda (dead by LRs) v. M.Varadappa Naidu

(dead by LRs) (2004 (1) SCC 769).

7. I would not be delving further as on the merit and

demerit of the suit as Civil Court is seized of the matter but the

fact remains that the categoric averments in paragraph No.8 of

the writ petition regarding dismantling of electric connection at

the instance of the respondent No.4 has not been refuted or

controverted. It is settle law that vague and unspecific denial

would deem the pleadings and corresponding paragraphs of the

writ petition admitted. Be that as it may.

Since vide interim order the electric connection has

already been restored, I make that order absolute. Writ petition

stands disposed off.

Sd/-

AMIT RAWAL JUDGE

vv

APPENDIX OF WP(C) 12060/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 23/02/2019 ISSUED BY THE KOZHIKODE CORPORATION TO THE LIONS CLUB WITH TRANSLATION.

Exhibit P2 TRUE COPY OF THE ORDER DATED 02/03/2022 PASSED BY THE HON'BLE PRINCIPAL MUNSIFF COURT-II, KOZHIKODE IN IA NO.2/2022 IN OS NO.149/2022.

Exhibit P3 TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT DATED 14/03/2022 WITH TRANSLATION.

Exhibit P4 TRUE COPY OF THE LETTER DT. 28/2/22 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT WITH TRANSLATION.