Kerala High Court
Basheer vs The Trikkunnapuzha Grama Panchayath on 15 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 13842 OF 2015
PETITIONERS:
1 BASHEER
S/O.ABDUL RAHIM, AGED 47 YEARS, RESDING AT
PUTHENKANDATHIL HOUSE, PALLIPPATTU MURI, TRIKKUNNAPZHA
VILLAGE, TRIKKUNNAPUZHA P.O, ALAPPUZHA DISTRICT
2 NASEEMA
W/O.BASHEER, AGED 45 YEARS, RESDING AT PUTHENKANDATHIL
HOUSE, PALLIPPATTU MURI, TRIKKUNNAPZHA VILLAGE,
TRIKKUNNAPUZHA P.O, ALAPPUZHA DISTRICT
BY ADV SRI.ROY THOMAS (PATHANAMTHITTA)
RESPONDENTS:
1 THE TRIKKUNNAPUZHA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRTARY, TRIKKUNNAPPUZHA GRAMA
PANCHAYATH OFFICE, TRIKKUNNAPUZHA P.O, ALAPPUZHA
DISTRICT-690 515
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM - 695 001
3 THE ASSISTANT ENGINEER
ELECTRICAL SECTION, KARTHIKAPPALLY,
ALAPPUZHA DISTRICT - 690 516
BY ADVS.
RIJI RAJENDRAN
SRI.B.PRAMOD, SC, KERALA STATE ELECTRICITY BOARD
LIMITED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13842 OF 2015
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 13842 of 2015
----------------------------------------------
Dated this the 15th day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers:
"(i) Issue a writ of certiorari and quash the
Exhibits-P5, P6 and P7 proceedings of the 1st
respondent, so as to secure the ends of justice.
(ii) Issue a writ of certiorari and quash the
Ext-P9 proceedings of the 3rd respondent, so as
to secure the ends of justice.
and
(iii) Such other relief's as this Hon'ble
Court may deem fit and proper in the
circumstances of the case."[SIC]
2. Petitioners constructed a residential
building in the property having an extent of 2.02
Ares in Resurvey No. 378/13 of Trikkunnapuzha
WP(C) NO. 13842 OF 2015
Village. It is submitted that the above building was
numbered by the 1st respondent and assigned a
building Number as Door No.4/317D. The above
building is being assessed for the property tax as
well is the submission. Based on Ext.P3 ownership
certificate issued by the 1st respondent Panchayath,
the 3rd respondent effected a domestic electricity
connection to the above house with Consumer No.
No.20132. Thereafter on an allegation that the
petitioners have made unauthorized additions to
the above building in violation of Coastal Regulation
Zone Norms, Ext.P5 show cause notice was issued.
By Ext.P6 provisional order issued on the day on
which Ext.P5 show cause notice was issued, the
petitioners were required to demolish the entire
construction including the building which is already
numbered and assessed to property tax. To Exts.P5
WP(C) NO. 13842 OF 2015
and P6, the petitioners have submitted Ext.P10
reply on 23.03.2015. It is the case of the
petitioners that the 1st respondent has not taken a
final decision. In the meantime, based on a
requisition made by the 1st respondent to the 3rd
respondent, there was an attempt to disconnect the
electricity connection provided to the house. At
that stage, this Writ petition is filed.
3. Heard the learned counsel appearing for
the petitioners and the learned Standing counsel
appearing for the Kerala State Electricity Board.
4. When this Writ petition came up for
consideration on 08.05.2015, this Court directed
the 3rd respondent not to disconnect the supply to
the petitioner which was extended until further
orders. That order is in force even now. Exts.P5 to
P7 are only show cause notices issued to the
WP(C) NO. 13842 OF 2015
petitioner in connection with the alleged illegal
construction. It is not clear whether final orders
are passed based on Exts.P5 to P7. The
Panchayath is free to proceed with the same in
accordance with law after giving an opportunity of
hearing to the petitioner if the same is not finalised.
But the petitioners' electricity connection shall not
be disconnected if they are paying electricity
charges in accordance with law.
With the above observation, this Writ petition
is disposed of leaving open all other contentions
raised by the petitioners against Exts.P5 to P7.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 13842 OF 2015
APPENDIX OF WP(C) 13842/2015
PETITIONER EXHIBITS
EXHBIIT P1 THE TRUE COPY OF THE
SALE DEED NO 1238/2008 OF HARIPPAD
SRO DATED 4-6-2008
EXHBITI P2 THE TRUE COPY OF THE
TAX RECEIPT DATED 29-10-2014
ISSUED BY THE VILLAGE
OFFICER,TRIKKUNNAPUZHA VILLAGE
EXHBIIT P-3 THE TRUE COPY OF THE
OWNEERSHIP CERTIFICATE ISSUED BY
THE 1ST RESPONDENT DATED 28-2-2014
EXHBIIT P4 THE TRUE COPY OF THE
ELECTRRICITY BILL DATED 20-04-
201`5 ISSUED BY THE 3RD RESPONDENT
EXHBIIT P5 THE TRUE COPY OF THE
NOTICE DATED 10-03-2015 ISSUED BY
THE 1ST RESPONDENT
EXHBIIT P6 THE TRUE COPY OF THE
NOTICE DATED 10-03-2015 AND
BEARING NO 582/2014 ISSUED BY THE
1ST RESPONDENT
EXHBIIT P7 THE TRUE COPY OF THE
NOTICE DATED 27-4-2015 ISSUED BY
THE 1ST RESPONDENT
EXHBIIT P8 THE TRUE COPY OF THE
NOTICE DATED 20-04-2015 ISSUED BY
THE 3RD RESPONDENT
EXHBIIT P9 THE TRUE COPY OF THE
NOTICE DATE 24-4-2015 ISSUED BY
WP(C) NO. 13842 OF 2015
THE 3RD RESPONDENT TO THE
PETITIONER
EXHBIIT P10 THE TRUE COPY OF THE
REPLY DATED 23-3-2015 SUBMITTED BY
THE PETITIOENRS BEFORE THE 1ST
RESPONDENT
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
