Kerala High Court
Radhakrishnan P. N vs The Kerala State Electricity Board Ltd, ... on 31 May, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
WA NO. 734 OF 2024
AGAINST JUDGMENT DATED 21/5/2024 IN WP(C) 6766/2024 OF THIS COURT
APPELLANT(S)/PETITIONER IN W.P(C):
RADHAKRISHNAN P. N AGED 83 YEARS S/O. NARAYANAN, PUTHENVEEDU,
KAVANADU P.O.,KOLLAM- 691 003, PRESENTLY RESIDING AT 'AVANI' ,RRA-
E-74, RISHIMANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035
BY ADVS.M/S. D.KISHORE, MEERA GOPINATH, R.MURALEEKRISHNAN(MALAKKARA)
RESPONDENT(S)/RESPONDENTS IN W.P(C):
1. THE KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
2. THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION, PUTHENCHANTHA, THIRUVANATHAPURAM, PIN -
695001
3. THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION, PUTHENCHANTHA, THIRUVANATHAPURAM, PIN -
695001
4. RAJAN PILLAI FOUNDATION NNC ESTATE, VADAKKEVILA P.O, KOLLAM-
REPRESENTED BY ITS EXECUTIVE DIRECTOR, PIN - 691010
5. THE EXECUTIVE DIRECTOR RAJAN PILLAI FOUNDATION, NNC ESTATE,
VADAKKEVILA P.O, KOLLAM, PIN - 691010
BY ADV.RIJI RAJENDRAN FOR R1 TO R3
ADV.P.T.MANOJ FOR R4 AND R5
This Writ Appeal coming on for orders on 31/5/2024 upon perusing the
appeal memorandum , the court on the same day passed the following:
A.J. Desai, C.J.
&
V.G. Arun, J.
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W.A.No.734 of 2024
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Dated this the 31st day of May 2024
ORDER
A.J. Desai, C.J.
Admit. Adv. Riji Rajendran takes notice for respondents 1 to
3. Adv. P.T. Manoj takes notice for respondents 4 and 5.
2. The learned counsel appearing for the appellant/
petitioner would submit that he is the tenant of the property since
2016 and has paid all dues. However, the last two bills to the tune
of Rs.1,58,555/- could not be paid.
3. The learned counsel would submit that the appellant is
ready and willing to pay the dues to the respondent Board to the
tune of Rs.1,58,555/- and on depositing the bill amount, the
respondent Board may be directed to restore the electric supply.
4. On the other hand, the learned counsel appearing for the
Board would submit that the electric connection has been
dismantled and the cable has been cut from outside. Hence, the
premises can be granted only fresh connection with the consent
of the landlord of the property.
5. The learned counsel appearing for the landlord would
submit that the agreement between the tenant and landlord has
expired. The learned counsel would further submit that the
premises is closed and not used by the appellant/tenant and,
therefore, the landlord is entitled for the possession of the
property and, therefore, no interim relief may be granted.
6. Heard the learned counsel appearing for the respective
parties.
7. Having considered the fact that the appellant is ready to
pay an amount of Rs.1,58,555/- due towards the last bills of
electricity, we pass the following order:
i. The appellant shall deposit an amount of Rs.1,58,555/-
(Rupees One Lakh Fifty Eight Thousand Five Hundred and
Fifty Five only) within a period of one week from today.
ii. The respondent Board shall restore the electric supply within
a period of three weeks from the date of deposit of the said
amount.
iii. The Board shall be entitled to demand applicable charges for
restoring the electric supply and the same shall also be paid
by the appellant.
The issue with regard to the security deposit, which is
alleged to have been adjusted towards the arrears of electricity
charges, shall be considered at the time of final hearing.
List the appeal for hearing on 09.09.2024.
Sd/-
A.J. Desai
Chief Justice
Sd/-
V.G. Arun
Judge
vpv
31-05-2024 /True Copy/ Assistant Registrar
