AJANTHA KUMARA

Vs.

CEYLON ELECTRICITY BOARD AND OTHERS

COURT OF APPEAL
J. DE SILVA, J.
FERNANDO, J.
CA/WRIT/100/2017
MARCH 19, 2019

Supply of electricity-Section 25(1) of Electricity Act, No. 20 of 2009- Right of owner or occupier to obtain electricity supply

The petitioner made an application to the Ceylon Electricity Board to obtain a supply of electricity, having satisfied all the requirements and having made all necessary payments. The Divisional Secretary carrying out its delegated authority on behalf of the Public Utilities Commission of Sri Lanka approved the request for a supply of electricity. At the point of erection of the pylons, a dispute was raised by the general railways contending that the portion of land was a railway reservation and not owned by the petitioner. As a result of the said dispute, the Ceylon

Electricity Board suspended the process of supplying electricity to the petitioner. The petitioner instituted these proceedings seeking a writ of mandamus against the Ceylon Electricity Board.

Held:

1. There was no evidence to suggest that the petitioner was a squatter or an unlawful occupier of the premises and therefore the petition