Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 28955 OF 2023 PETITIONERS: 1 YESHODHA K, AGED 75 YEARS, W/O KUNHIKANNAN T, RESIDING AT SKY VIEW, ADUKKATH PARAMBU, MADIKAI P.O., KASARGOD DISTRICT, PIN - 671 314. 2 SAJITH KUMAR T, AGED 48 YEARS, S/O KUNHIKANNAN T, RESIDING AT SKY VIEW, ADUKKATH PARAMBU, MADIKAI P.O., KASARGOD DISTRICT, PIN - 671 314. BY ADVS. SURESH KUMAR KODOTH SUKARNAN RESPONDENTS: 1 THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB NILESHWAR, NILESHWAR P.O., KASARGOD DISTRICT, PIN - 671 314. 2 KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM., PIN - 695 004. :2: *3 ADDL.R3. T JAYARAJAN, AGED 41 YEARS, S/O KUNHIKANNAN, MAKKUNDIL MEETHAL HOUSE, ECHIKKANAM PO, MADIKAI-1, ANANDASHRAM VIA, KASARGOD DISTRICT, 671531. [ADDL.R3 IS IMPLEADED AS PER ORDER DATED 22.01.2024 IN I.A-1/2023 IN WP(C) 28955/2023] BY ADVS. ARUNKUMAR A, STANDING COUNSEL FOR R1 & R2 BIJU ABRAHAM, FOR ADDL.R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3:
JUDGMENT
Dated this the 1st of February, 2024 The petitioners claiming to be the legal heirs of the registered consumer of an electricity connection provided by the Kerala State Electricity Board, are before this Court seeking to direct the respondents to effect disconnection of supply of electricity Consumer No.1166964010106 within a time limit and restraining the respondents from demanding any additional charges beyond the date of Ext.P4 application.
2. The petitioners are wife and son of the deceased
T.Kunhikanna, who had obtained electricity service connection from the Kerala State Electricity Board Limited for the residential house, which is in a dilapidated condition. The petitioners sought dismantling of electricity connection in the prescribed manner. Ext.P4 is the application dated 17.03.2023 submitted by the petitioners for dismantling of
electricity connection. The petitioners have paid :4: disconnection charges of ₹130/- also, as is evidenced by Ext.P5.
3. The petitioners submit that on 01.04.2023, instead
of disconnecting the supply line, the 1st respondent-Assistant Engineer issued a reply stating that the overseer deputed for disconnection was prevented by one T.Jayarajan (additional 3rd respondent herein) and family who claimed to be the occupant of the building. In view of the resistance offered, the 1st respondent-Assistant Engineer demanded from the petitioner production and user of the service connection. Ext.P7 notice was issued in this regard. In response to Ext.P7, the 1st petitioner submitted Ext.P8 reply, enclosing documents as sought for. Ext.P3 Possession Certificate was also provided.
4. The petitioners state that there is no Rental
Agreement between the petitioners and the additional 3 rd respondent. The additional 3rd respondent is a trespasser. When the petitioners have applied for disconnection of the electric supply and dismantling of the electricity meters, in :5: view of Clause 140 of the Kerala State Electricity Supply Code, 2014, respondents 1 and 2 will have to disconnect supply to the consumer for period as requested by the petitioners. However, the respondents have not disconnected the supply line. Instead, they are permitting a third party to use the electric supply.
5. The petitioners state that it is legally obligatory for the 2nd respondent licensee and its officers to disconnect and dismantle supply. The electricity supply has been given to a
dilapidated building remaining unoccupied. Regulation 138(1)(d) obliges the licensee to disconnect the supply, if the supply of electricity is likely to cause health hazard.
6. In any view of the matter, there is no valid tenancy
created in respect of the building. The additional 3 rd respondent is a trespasser. The respondents have no power or authority to permit supply being continued at the instances of strangers. The petitioners therefore seeks to direct the respondents 1 and 2 to effect disconnection of electricity supply to the premises in question.
:6:
7. Standing Counsel entered appearance on behalf
of respondents 1 and 2. The respondents 1 and 2 have filed counter affidavit. It is submitted that when the officials of the Board went to visit the premises in pursuance of application for dismantling submitted by the petitioners, the 3 rd respondent came from the premises and informed the officials that he is residing in the said premises lawfully and objected to disconnection of the electricity supply.
8. In the light of additional 3rd respondent’s objection, assertion of occupier of the premises and non default of electricity charges, the officials gave up dismantling work and reported the matter to the office. The 1 st respondent-Assistant Engineer sent a registered letter with
acknowledgment to the petitioners to produce legal documents to establish her ownership claim with respect to the consumer number. The respondents 1 and 2 relied on Regulation No.146 of the Kerala State Electricity Supply Code, 2014 in support of their stand. :7:
9. The respondents 1 and 2 submitted that a bill of
₹13,621/- was issued to the said consumer number on 31.05.2023. The 3rd respondent has sent a reply to the bill stating that the levy is exorbitant. Based on the reply, the 1 st respondent-Assistant Engineer replaced the old meter with a new one on 04.07.2023. The writ petition is as a result of civil disputes between the petitioners and the 3 rd respondent. In view of Regulation 146, the respondents 1 and 2 are justified in continuing supply of electrical energy.
10. The 3rd respondent filed counter affidavit and
resisted the writ petition. The 3 rd respondent submitted that the property in question originally belonged to grandfather of the 3rd respondent, namely late Thaivalappil Kannan. The deceased Kannan assigned the land excluding the house to one Kannan Marar. The grandfather of the 3 rd respondent along with children continued their possession and enjoyment of the said property. The grandfather entrusted his only son T.Kunhikkannan for doing the assignment and paper work for the re-assignment of the property in May, :8:
1970. But Kunhikannan by playing fraud on his father and
sisters, got the assignment in his favour without giving any notice to his father and his sisters. The 3 rd respondent has approached Civil Court and OS No. 37 of 2024 is pending consideration before the Munsiff’s Court, Hosdurg. As the 3 rd respondent is in lawful occupation of the premises, the electricity supply cannot be disconnected. The 3 rd respondent undertakes to pay all the electricity charges that may become due during this lawful occupation of the premises.
11. I have heard the learned Counsel appearing for the petitioners, the learned Standing Counsel representing respondents 1 and 2 and the Counsel appearing for the additional 3rd respondent.
12. The claim of the petitioners is that they are legal
owners of the electricity supply connection. In view of Regulation 140 of the Kerala Electricity Supply Code, 2014, the licensee has to disconnect supply to the consumer for such period as requested by the consumer under intimation :9: to him. The fact that the petitioners have applied for disconnection of electricity supply is not disputed. Therefore, when the petitioners have submitted application for disconnection, the authorities under the Kerala State Electricity Board Limited are legally bound to disconnect the same.
13. I have considered the above argument. Regulation
146 of the Kerala State Electricity Supply Code 2014 at the same time provides that in case a consumer requests for disconnection of supply or for dismantling of service, while the supply is being utilized and paid for by a lawful occupier of the premises, the supply shall not be disconnected and service shall not be dismantled. It is based on this Regulation that the respondents 1 and 2 have abstained from disconnecting the electricity supply.
14. The petitioner would point out that the additional
3rd respondent has no title documents in respect of the property. The 3rd respondent is a rank trespasser. The 3 rd respondent, who issued a Section 80 notice under the Code : 10 :
of Civil Procedure, 1908 for filing an original suit, did not file suit. It is only after the petitioner approaching this Court with the afore writ petition that the additional 3 rd respondent has moved the Munsiff’s Court, Hosdurg for partition of property. The application submitted by the petitioners being anterior to all this litigations, the respondents 1 and 2 ought to have disconnected the electricity supply, contended the counsel for the petitioners.
15. Be that as it may, Regulation 146 of the Kerala
State Electricity Supply Code 2014 specifically provided that in case the consumer requests disconnection of supply or dismantling of service, while the supply is being utilized and paid by a lawful occupier of the premises, the supply shall not be disconnected and service shall not be dismantled. The respondents 1 and 2 would submit that when they inspected the premises, the additional 3rd respondent was in
occupation. The additional 3rd respondent has narrated facts
claiming his right over the land and building. The question whether the additional 3rd respondent is a lawful occupier of : 11 : the premises or rank trespasser into the property, can be decided only by competent civil court, in the light of the rival claims made by the parties. It is not disputed that the petitioners and the additional 3rd respondent are related to each others.
16. In the circumstances, I find no illegality or
irregularity on the part of respondents 1 and 2 in continuing supply of electricity into the premises in question, as long as the occupier of the premises pays electricity dues.
The writ petition is without any merit and it is dismissed. Sd/- N. NAGARESH JUDGE AMR : 12 : APPENDIX OF WP(C) 28955/2023 PETITIONERS’ EXHIBITS Exhibit 1 TRUE COPY OF THE PURCHASE CERTIFICATE NO. 2061/1974 DATED 21/10/1975. Exhibit P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 25/05/2016 ISSUED BY THE TAHSILDAR HOSDURG. Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 22/02/2023 ISSUED BY THE VILLAGE OFFICER, MADIKAI VILLAGE. Exhibit P4 TRUE COPY OF THE APPLICATION DATED PETITIONER BEFORE THE 1 ST RESPONDENT. Exhibit P5 TRUE COPY OF THE RECEIPT FOR THE DISCONNECTION CHARGE OF RS.130/- ISSUED BY THE KSEB. Exhibit P6 TRUE COPY OF THE RECEIPT DATED BILL OF RS.2224. Exhibit P7 TRUE COPY OF NOTICE DATED 01/04/2023 ISSUED BY THE 1 ST RESPONDENT TO THE 1 ST PETITIONER. Exhibit P8 TRUE COPY OF THE REPLY LETTER DATED PETITIONER BEFORE THE 1 ST RESPONDENT. Exhibit P9 TRUE COPY OF THE ONE AND SAME AFFIDAVIT DATED 7/4/2023. Exhibit P10 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE OF ELECTRICITY BILL OF RS.13,621. : 13 : Exhibit P11 TRUE COPY OF THE SCREENSHOT OF THE TEXT MESSAGE CITING PAYMENT OF RS.407 TOWARDS CON. NO. 1166964010106. Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED PETITIONER BEFORE THE 2 ND RESPONDENT.
Exhibit P13 TRUE COPY OF THE CAVEAT PETITION FILED
BY THE 3 RD RESPONDENT DATED
Exhibit P14 TRUE COPY OF THE DEATH CERTIFICATEISSUED IN THE NAME OF T.V. KANNAN. Exhibit P15 TRUE COPY OF THE AADHAR CARD OF KUNHIKANNAN T. Exhibit P16 TRUE COPY OF THE DRIVING LICENSE OF KUNHIKANNAN T. Exhibit P17 TRUE COPY OF THE BT RECEIPT DATED BEFORE THE KSEB AUTHORITIES. Exhibit P18 TRUE COPY OF COMPLAINT DATED 7/3/2023 SUBMITTED BY PETITIONERS BEFORE THE SHO NILESHWARAM.
Exhibit P19 TRUE COPY OF THE LATEST DEMAND CUM
DISCONNECTION NOTICE BILL OF AN
ARREARS OF RS.13,868/- DATEDRESPONDENT’S EXHIBITS EXHIBIT R3(1) A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE OF KANNAN T.V. ISSUED BY TAHSILDAR, HOSDURG TALUK DATED 11-07- 2023. : 14 : EXHIBIT R3(2) A TRUE COPY OF THE COMPLAINT FILED BY 3RD RESPONDENT BEFORE THE STATION HOUSE OFFICER OF NEELESWARAM POLICE STATION DATED 14-11-2023. EXHIBIT R3(3) A TRUE COPY OF THE RECEIPT OF THE
COMPLAINT FILED BY 3RD RESPONDENT BEFORE THE STATION HOUSE OFFICER OF NEELESWARAM POLICE STATION DATED 14- 11-2023.
EXHIBIT R3(4) A TRUE COPY OF THE LEGAL NOTICE SENT ON BEHALF OF THE 3RD RESPONDENT TO THE ELECTRICITY AUTHORITIES DATED 17-04- 2023. Exhibit R1(a) A TRUE COPY OF THE LETTER DATED 1.04.2023 ISSUED THE PETITIONER. Exhibit R1(b) A TRUE COPY OF THE LETTER DATED 1.04.2023 ISSUED TO THE ADDITIONAL R3. Exhibit R1(c) A TRUE COPY OF THE SECTION 80 NOTICE DATED 17-04-2023.