Kerala High Court
E J James vs The Assistant Engineer on 29 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 19216 OF 2024
PETITIONER:
E J JAMES, AGED 73 YEARS
SON OF SRI. E J JOSEPH, FLAT NO: 13 C,
LINK HEIGHTS, PANAMPILLY NAGAR, COCHIN - 682036
BY ADVS.
ANIL S.RAJ
K.N.RAJANI
RADHIKA RAJASEKHARAN P.
ANILA PETER
SIMI S. ALI
ARSHID.M.S.
BAHADUR SHAH ANAKKOT NASIRALI
ASHNA T ASHIK
RESPONDENTS:
1 THE ASSISTANT ENGINEER
KSEB CENTRAL SECTION, POWER HOUSE ROAD,
AYYAPANKAVU, KOCHI, PIN - 682017
2 THE SECRETARY
PIONEER TOWER OWNER'S WELFARE ASSOCIATION,
PIONEER TOWERS, MARINE DRIVE, KOCHI, PIN - 682031
SRI.B. PRAMOD, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.19216 of 2024
2
JUDGMENT
Dated this the 29th day of May, 2024
The petitioner, who is consumer in respect of two
electrical connections to the commercial premises in a high
rise residential-cum-commercial building, has filed this writ
petition alleging that the electric supply to the petitioner's
premises has been discontinued. The petitioner was under
the impression that the supply was stopped by the Kerala
State Electricity Board. Later, the petitioner found that the
Owner's Welfare Association of the building has clandestinely
disconnected the supply from the KSEB Meter to the premises
of the petitioner.
2. The petitioner seeks to direct the 1 st respondent to
effect re-connection of electricity supply to the premises of the
petitioner. The petitioner also seeks to direct the 1st
respondent to ensure that the 2 nd respondent does not tamper
with the electrical apparatus or installations supplying
electricity to the premises of the petitioner.
3. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing the
1st respondent. In view of the nature of the relief to be granted
in the writ petition, notice to the 2nd respondent is dispensed
with.
4. The grievance of the petitioner is that electricity
supplied to the petitioner's premises by the KSEB has been
disrupted by the Owner's Welfare Association. The petitioner
has filed Ext.P5 complaint in this regard.
5. Considering the facts of the case, I am of the view
that it would be sufficient if the Assistant Engineer, KSEB
Central Section considers Ext.P5 representation submitted by
the petitioner, at the first instance.
The writ petition is therefore disposed of directing the
1st respondent-Assistant Engineer, KSEB Central Section to
consider Ext.P5 representation submitted by the petitioner
and take appropriate decision thereon after hearing the
2nd respondent also.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 19216/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TRANSACTION DETAILS
FOR PAYMENT MADE ON 8.4.2024 FOR SPACE
NUMBERED AS F131
Exhibit P2 TRUE COPY OF THE TRANSACTION DETAILS
FOR PAYMENT MADE ON 8.4.2024 FOR THE
SPACE NUMBERED AS G53
Exhibit P3 TRUE COPY OF THE NOTICE DATED
12.3.2024 SENT BY THE PETITIONER TO
THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT CARD
FOR THE RECEIPT OF EXHIBIT P3
Exhibit P5 TRUE COPY OF THE NOTICE DATED
12.3.2024 SENT BY THE PETITIONER TO
THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT CARD
FOR THE RECEIPT OF EXHIBIT P5
