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2008 Supreme(Online)(KER) 30747

HIGH COURT OF KERALA
K.M.JOSEPH, J
T.SREEDHARAN – Appellant
Versus
KERALA STATE ELECTRICITY BOARD – Respondent
WP(C)/14527/2005



Advocates:
SRI.M.V.BOSE, SRI.ASOK M.CHERIAN FOR R6, SRI.P.P.THAJUDEEN, SC, KSEB, SRI.VINOD CHANDRAN, GOVERNMENT PLEADER

The court recognized a petitioner's right to challenge electric supply disconnections under family law and property rights derived from a will.

Headnote:

Electricity - Disconnection of Supply - Relevant Legal Provisions - Summary of Findings and Interpretations

Fact of the Case:

The petitioner sought to quash a disconnection order of electric supply, claiming entitlement under a parental will and alleging wrongful disconnection instigated by a sibling.

Issues: Whether the disconnection of the electric supply was lawful and if the petitioner is entitled to compensation.

Ratio Decidendi: The court held that the disconnection could be contested as illegal, and it retained jurisdiction for future decisions on compensation based on established legal principles.

Final Decision: The writ petition is disposed of, allowing compensation claims to be decided by the appropriate authority.

J U D G M E N T

Petitioner has approached this Court to quash Ext.P12 and to compel the respondents to effect immediate reconnection of the electric supply to the petitioner. There are two electric connections, namely, consumer Nos. 878(house connection) and 1747(motor connection) of Cheruthuruthy section. Consumer No.878 is in the name of the father of the petitioner and the 6th respondent who are brothers. Consumer No.1747 is in the name of the mother of the petitioner and the 6th respondent. There was a disconnection of the house connection. The petitioner filed a representation stating that as per the will of his father, he is entitled to use the house connection. According to the petitioner, the disconnection was at the behest of the 6th respondent. Thereafter, as per interim order of this Court, the connection has been restored. After the filing of this writ petition, the WPC.14527/05 petitioner and the 6th respondent have entered into an agreement as per which it is agreed that the connection No.878 can be given to the petitioner. Accordingly, they have filed Ext.P17 application before the 5th respondent. The learned counsel for the petitioner submits that the earlier disconnection itself was illegal and hence the petitioner is entitled to compensation. Any way, the connection has been restored. The learned standing counsel for the Board submits that the disconnection was on valid reasons, i.e., on the basis of the request of the 6th respondent. It appears that a certificate of possession has been given by the Village Officer. There is yet another certificate given by another Village Officer showing common enjoyment. At this stage, the question of compensation alone is the prayer remains. I feel that the writ petition can be disposed of leaving it open to the petitioner to approach the appropriate authority, if so advised in the said regard. Hence, the writ petition is disposed of leaving open the said contention of the petitioner and WPC.14527/05 directing the 5th respondent to consider and take a decision on Ext.P17 in accordance with law, after issuing notices to the petitioner, 6th respondent and the other legal heirs of the late father of the petitioner and the 6th respondent, within a period of two months from the date of receipt of a copy of this judgment.

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