Electricity connections based on occupancy certificates must be revoked when certificates are annulled due to unauthorized constructions.

JUDGMENT

[WP(C) Nos.29646/2023, 13024/2023, 42172/2023]

These writ petitions are with respect to the certain unauthorised constructions carried out by respondents 12 to 17 in W.P.(C) No.42172 of 2023.

2. The petitioner in W.P.(C) No.42172 of 2023 has filed the said writ petition pointing out that when the unauthorised construction came to his knowledge, he instituted a civil suit before the Additional Munsiff Court-I, Neyyattinkara as O.S.No.456 of 2010 and by Ext.P10 judgment dated 30.09.2023, the suit was decreed with a declaration as regards the title and possession over the plaint schedule property in favour of the plaintiff therein, who is none other than the petitioner in this writ petition. In the meantime, since the petitioner came to know that the party respondents had constructed certain residential buildings in the property encroached as above and had also obtained electricity connection for those buildings on the basis of the occupancy certificate issued by the Panchayath, they had approached the Panchayath and by Ext.P1 dated 11.09.2015, the Panchayath has decided to take effective steps for cancelling the occupation certificate issued to the party respondents. Subsequently, by Ext.P2 communication dated 22.09.2015, the Panchayath has also informed the KSEB that the ownership certificate issued to the party respondents have been cancelled. Simultaneously, the KSEB informed the 17^th respondent herein that they are taking steps for cancelling the electricity connection issued on the basis of the ownership certificates as referred to above. However, the complaint of the petitioner is that subsequent steps are not being taken by the KSEB for cancelling the electricity connection.

3. The petitioner in W.P.(C) No.42172 of 2023 had also approached the Ombudsman for Local Self-Government Institutions pointing out about the unauthorised constructions carried out by the party respondents referred to above. The Ombudsman has issued an order dated 11.10.2022 in complaint No.212 of 2022 filed by the petitioner, directing the Secretary of the Panchayath concerned to take effective steps for demolishing the unauthorised constructions. The petitioner in W.P.(C) No.42172 of 2023 has instituted W.P.(C) No.13024 of 2023 to implement the afore order of the Ombudsman. One among the party respondents has also approached this Court by filing W.P.(C) No.29646 of 2023 seeking to challenge the order passed by the Ombudsman as above, producing the same as Ext.P2 in that writ petition.

4. I have heard Sri.V.G.Arun, the learned counsel for the petitioner in W.P.(C) No.42172 of 2023 and W.P.(C) No.13024 of 2023, as well as Smt.I.Vinayakumari, the learned Standing Counsel for the Panchayath, Smt.Sylaja S.L, the learned Government Pleader and Sri.Arun Kumar, the learned Standing Counsel for the KSEB.

5. The learned Standing Counsel for the Panchayath points out that the order of the Ombudsman referred to above has already been challenged before this Court by one among the party respondents in W.P.(C) No.42172 of 2023 as W.P.(C) No.37441 of 2023 and by a judgment dated 24.10.2025, this Court has already set aside the order issued by the Ombudsman as above. In that view of the matter, no further orders required to be passed in W.P. (C) No.29646 of 2023 and W.P.(C) No.13024 of 2023 referred to above. Hence, those writ petitions are closed in the light of the judgment dated 24.10.2025 in W.P.(C) No.37441 of 2023.

6. At the same time, the prayer of the petitioner in W.P.(C) No.42172 of 2023 requires to be considered. As already noticed, the petitioner has established his right with respect to the property in question as evidenced by the decree at Ext.P