Kerala High Court
Yeshodha K vs The Assistant Engineer on 1 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 28955 OF 2023
PETITIONERS:
1 YESHODHA K,
AGED 75 YEARS, W/O KUNHIKANNAN T,
RESIDING AT SKY VIEW, ADUKKATH PARAMBU,
MADIKAI P.O., KASARGOD DISTRICT,
PIN - 671 314.
2 SAJITH KUMAR T,
AGED 48 YEARS, S/O KUNHIKANNAN T,
RESIDING AT SKY VIEW, ADUKKATH PARAMBU,
MADIKAI P.O., KASARGOD DISTRICT,
PIN - 671 314.
BY ADVS.
SURESH KUMAR KODOTH
SUKARNAN
RESPONDENTS:
1 THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KSEB NILESHWAR,
NILESHWAR P.O., KASARGOD DISTRICT,
PIN - 671 314.
2 KERALA STATE ELECTRICITY BOARD LTD
REPRESENTED BY ITS SECRETARY,
VAIDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM.,
PIN - 695 004.
W.P.(C) No.28955 of 2023
:2:
*3 ADDL.R3. T JAYARAJAN,
AGED 41 YEARS, S/O KUNHIKANNAN,
MAKKUNDIL MEETHAL HOUSE, ECHIKKANAM PO,
MADIKAI-1, ANANDASHRAM VIA,
KASARGOD DISTRICT, 671531.
[ADDL.R3 IS IMPLEADED AS PER ORDER DATED
22.01.2024 IN I.A-1/2023 IN WP(C) 28955/2023]
BY ADVS.
ARUNKUMAR A, STANDING COUNSEL FOR R1 & R2
BIJU ABRAHAM, FOR ADDL.R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.28955 of 2023
:3:
JUDGMENT
Dated this the 1st of February, 2024
The petitioners claiming to be the legal heirs of the
registered consumer of an electricity connection provided by
the Kerala State Electricity Board, are before this Court
seeking to direct the respondents to effect disconnection of
supply of electricity Consumer No.1166964010106 within a
time limit and restraining the respondents from demanding
any additional charges beyond the date of Ext.P4
application.
2. The petitioners are wife and son of the deceased
T.Kunhikanna, who had obtained electricity service
connection from the Kerala State Electricity Board Limited for
the residential house, which is in a dilapidated condition.
The petitioners sought dismantling of electricity connection
in the prescribed manner. Ext.P4 is the application dated
17.03.2023 submitted by the petitioners for dismantling of
electricity connection. The petitioners have paid
disconnection charges of ₹130/- also, as is evidenced by
Ext.P5.
3. The petitioners submit that on 01.04.2023, instead
of disconnecting the supply line, the 1st respondent-Assistant
Engineer issued a reply stating that the overseer deputed for
disconnection was prevented by one T.Jayarajan (additional
3rd respondent herein) and family who claimed to be the
occupant of the building. In view of the resistance offered,
the 1st respondent-Assistant Engineer demanded from the
petitioner production and user of the service connection.
Ext.P7 notice was issued in this regard. In response to
Ext.P7, the 1st petitioner submitted Ext.P8 reply, enclosing
documents as sought for. Ext.P3 Possession Certificate was
also provided.
4. The petitioners state that there is no Rental
Agreement between the petitioners and the additional 3 rd
respondent. The additional 3rd respondent is a trespasser.
When the petitioners have applied for disconnection of the
electric supply and dismantling of the electricity meters, in
view of Clause 140 of the Kerala State Electricity Supply
Code, 2014, respondents 1 and 2 will have to disconnect
supply to the consumer for period as requested by the
petitioners. However, the respondents have not
disconnected the supply line. Instead, they are permitting a
third party to use the electric supply.
5. The petitioners state that it is legally obligatory for
the 2nd respondent licensee and its officers to disconnect and
dismantle supply. The electricity supply has been given to a
dilapidated building remaining unoccupied. Regulation
138(1)(d) obliges the licensee to disconnect the supply, if the
supply of electricity is likely to cause health hazard.
6. In any view of the matter, there is no valid tenancy
created in respect of the building. The additional 3 rd
respondent is a trespasser. The respondents have no power
or authority to permit supply being continued at the instances
of strangers. The petitioners therefore seeks to direct the
respondents 1 and 2 to effect disconnection of electricity
supply to the premises in question.
7. Standing Counsel entered appearance on behalf
of respondents 1 and 2. The respondents 1 and 2 have filed
counter affidavit. It is submitted that when the officials of the
Board went to visit the premises in pursuance of application
for dismantling submitted by the petitioners, the 3 rd
respondent came from the premises and informed the
officials that he is residing in the said premises lawfully and
objected to disconnection of the electricity supply.
8. In the light of additional 3rd respondent's objection,
assertion of occupier of the premises and non default of
electricity charges, the officials gave up dismantling work and
reported the matter to the office. The 1 st
respondent-Assistant Engineer sent a registered letter with
acknowledgment to the petitioners to produce legal
documents to establish her ownership claim with respect to
the consumer number. The respondents 1 and 2 relied on
Regulation No.146 of the Kerala State Electricity Supply
Code, 2014 in support of their stand.
9. The respondents 1 and 2 submitted that a bill of
₹13,621/- was issued to the said consumer number on
31.05.2023. The 3rd respondent has sent a reply to the bill
stating that the levy is exorbitant. Based on the reply, the 1 st
respondent-Assistant Engineer replaced the old meter with a
new one on 04.07.2023. The writ petition is as a result of
civil disputes between the petitioners and the 3 rd respondent.
In view of Regulation 146, the respondents 1 and 2 are
justified in continuing supply of electrical energy.
10. The 3rd respondent filed counter affidavit and
resisted the writ petition. The 3 rd respondent submitted that
the property in question originally belonged to grandfather of
the 3rd respondent, namely late Thaivalappil Kannan. The
deceased Kannan assigned the land excluding the house to
one Kannan Marar. The grandfather of the 3 rd respondent
along with children continued their possession and
enjoyment of the said property. The grandfather entrusted
his only son T.Kunhikkannan for doing the assignment and
paper work for the re-assignment of the property in May,
1970. But Kunhikannan by playing fraud on his father and
sisters, got the assignment in his favour without giving any
notice to his father and his sisters. The 3 rd respondent has
approached Civil Court and OS No. 37 of 2024 is pending
consideration before the Munsiff's Court, Hosdurg. As the 3 rd
respondent is in lawful occupation of the premises, the
electricity supply cannot be disconnected. The 3 rd
respondent undertakes to pay all the electricity charges that
may become due during this lawful occupation of the
premises.
11. I have heard the learned Counsel appearing for
the petitioners, the learned Standing Counsel representing
respondents 1 and 2 and the Counsel appearing for the
additional 3rd respondent.
12. The claim of the petitioners is that they are legal
owners of the electricity supply connection. In view of
Regulation 140 of the Kerala Electricity Supply Code, 2014,
the licensee has to disconnect supply to the consumer for
such period as requested by the consumer under intimation
to him. The fact that the petitioners have applied for
disconnection of electricity supply is not disputed. Therefore,
when the petitioners have submitted application for
disconnection, the authorities under the Kerala State
Electricity Board Limited are legally bound to disconnect the
same.
13. I have considered the above argument. Regulation
146 of the Kerala State Electricity Supply Code 2014 at the
same time provides that in case a consumer requests for
disconnection of supply or for dismantling of service, while
the supply is being utilized and paid for by a lawful occupier
of the premises, the supply shall not be disconnected and
service shall not be dismantled. It is based on this
Regulation that the respondents 1 and 2 have abstained
from disconnecting the electricity supply.
14. The petitioner would point out that the additional
3rd respondent has no title documents in respect of the
property. The 3rd respondent is a rank trespasser. The 3 rd
respondent, who issued a Section 80 notice under the Code
of Civil Procedure, 1908 for filing an original suit, did not file
suit. It is only after the petitioner approaching this Court with
the afore writ petition that the additional 3 rd respondent has
moved the Munsiff's Court, Hosdurg for partition of property.
The application submitted by the petitioners being anterior to
all this litigations, the respondents 1 and 2 ought to have
disconnected the electricity supply, contended the counsel
for the petitioners.
15. Be that as it may, Regulation 146 of the Kerala
State Electricity Supply Code 2014 specifically provided that
in case the consumer requests disconnection of supply or
dismantling of service, while the supply is being utilized and
paid by a lawful occupier of the premises, the supply shall
not be disconnected and service shall not be dismantled.
The respondents 1 and 2 would submit that when they
inspected the premises, the additional 3rd respondent was in
occupation. The additional 3rd respondent has narrated facts
claiming his right over the land and building. The question
whether the additional 3rd respondent is a lawful occupier of
the premises or rank trespasser into the property, can be
decided only by competent civil court, in the light of the rival
claims made by the parties. It is not disputed that the
petitioners and the additional 3rd respondent are related to
each others.
16. In the circumstances, I find no illegality or
irregularity on the part of respondents 1 and 2 in continuing
supply of electricity into the premises in question, as long as
the occupier of the premises pays electricity dues.
The writ petition is without any merit and it is
dismissed.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 28955/2023
PETITIONERS' EXHIBITS
Exhibit 1 TRUE COPY OF THE PURCHASE CERTIFICATE
NO. 2061/1974 DATED 21/10/1975.
Exhibit P2 TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 25/05/2016 ISSUED BY
THE TAHSILDAR HOSDURG.
Exhibit P3 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 22/02/2023 ISSUED BY
THE VILLAGE OFFICER, MADIKAI VILLAGE.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
17/03/2023 SUBMITTED BY THE 1 ST
PETITIONER BEFORE THE 1 ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE RECEIPT FOR THE
DISCONNECTION CHARGE OF RS.130/-
ISSUED BY THE KSEB.
Exhibit P6 TRUE COPY OF THE RECEIPT DATED
17/3/2023 ISSUED BY THE KSEB FOR THE
BILL OF RS.2224.
Exhibit P7 TRUE COPY OF NOTICE DATED 01/04/2023
ISSUED BY THE 1 ST RESPONDENT TO THE 1
ST PETITIONER.
Exhibit P8 TRUE COPY OF THE REPLY LETTER DATED
11/4/2023 SUBMITTED BY THE 1 ST
PETITIONER BEFORE THE 1 ST RESPONDENT.
Exhibit P9 TRUE COPY OF THE ONE AND SAME
AFFIDAVIT DATED 7/4/2023.
Exhibit P10 TRUE COPY OF THE DEMAND CUM
DISCONNECTION NOTICE OF ELECTRICITY
BILL OF RS.13,621.
Exhibit P11 TRUE COPY OF THE SCREENSHOT OF THE
TEXT MESSAGE CITING PAYMENT OF RS.407
TOWARDS CON. NO. 1166964010106.
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
14/8/2023 SUBMITTED BY THE 1 ST
PETITIONER BEFORE THE 2 ND RESPONDENT.
Exhibit P13 TRUE COPY OF THE CAVEAT PETITION FILED
BY THE 3 RD RESPONDENT DATED
03/03/2023.
Exhibit P14 TRUE COPY OF THE DEATH CERTIFICATE
ISSUED IN THE NAME OF T.V. KANNAN.
Exhibit P15 TRUE COPY OF THE AADHAR CARD OF
KUNHIKANNAN T.
Exhibit P16 TRUE COPY OF THE DRIVING LICENSE OF
KUNHIKANNAN T.
Exhibit P17 TRUE COPY OF THE BT RECEIPT DATED
15/03/1994 PRODUCED BY KUNHIKANNAN. T
BEFORE THE KSEB AUTHORITIES.
Exhibit P18 TRUE COPY OF COMPLAINT DATED 7/3/2023
SUBMITTED BY PETITIONERS BEFORE THE
SHO NILESHWARAM.
Exhibit P19 TRUE COPY OF THE LATEST DEMAND CUM
DISCONNECTION NOTICE BILL OF AN
ARREARS OF RS.13,868/- DATED
14/11/2023.
RESPONDENT'S EXHIBITS
EXHIBIT R3(1) A TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE OF KANNAN T.V. ISSUED BY
TAHSILDAR, HOSDURG TALUK DATED 11-07-
2023.
EXHIBIT R3(2) A TRUE COPY OF THE COMPLAINT FILED BY
3RD RESPONDENT BEFORE THE STATION
HOUSE OFFICER OF NEELESWARAM POLICE
STATION DATED 14-11-2023.
EXHIBIT R3(3) A TRUE COPY OF THE RECEIPT OF THE
COMPLAINT FILED BY 3RD RESPONDENT
BEFORE THE STATION HOUSE OFFICER OF
NEELESWARAM POLICE STATION DATED 14-
11-2023.
EXHIBIT R3(4) A TRUE COPY OF THE LEGAL NOTICE SENT
ON BEHALF OF THE 3RD RESPONDENT TO THE
ELECTRICITY AUTHORITIES DATED 17-04-
2023.
Exhibit R1(a) A TRUE COPY OF THE LETTER DATED
1.04.2023 ISSUED THE PETITIONER.
Exhibit R1(b) A TRUE COPY OF THE LETTER DATED
1.04.2023 ISSUED TO THE ADDITIONAL R3.
Exhibit R1(c) A TRUE COPY OF THE SECTION 80 NOTICE
DATED 17-04-2023.
