Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945 WP(C) NO. 37877 OF 2022 PETITIONER: RUPSANA DAS AGED 35 YEARS D/O K.R. DASAN, PRASANNANIVAS, ERAMALLUR P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN CODE NO. 688548. BY ADV VINCENT RAPHAEL RESPONDENTS:
1 ASSISTANT ENGINEER OFFICE OF THE ASSISTANT ENGINEER, K.S.E.B, ELECTRICAL SECTION, AROOR, ALAPPUZHA DISTRICT. PINCODE NO. 688534. 2 THE ASST. EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION K.S.E.B. POOCHAKKAL ALAPPUZHA DISTRICT. PINCODE NO. 688526. 3 THE ADDITIONAL DISTRICT MAGISTRATE ALAPPUZHA COLLECTORATE BUILDING ALAPPUZHA DISTRICT. KERALA. PINCODE. NO. 688001. 4 MUMTHAS SHIBU PATHIYARA HOUSE. EDAVANAKKAD P.O. VYPIN, ERNAKULAM DISTRICT. PIN CODE. NO. 682 502. 5 NARGHESE SUNIL POOMKOYIKKAL HOUSE. CHERIYAYIKKAL P.O, PANDRATHURUTH, KARUNAGAPPALLY, KOLLAM DISTRICT PIN CODE NO. 690518. BY ADVS. RIJI RAJENDRAN AUGUSTINE JOSEPH TONY AUGUSTINE GP-SHRI. MABLE C KURIAN SC-SHRI.B.PREMOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
============================== W.P(C) No.37877 of 2022 ========================== Dated this the 3rd day of October, 2023
JUDGMENT
This writ petition is filed seeking the following relief:
“Issue a writ of Mandamus or any other appropriate writ, order or direction, Quashing the EXT.P5 Order issued by the Respondent No.1 herein holding the same as illegal and arbitrary without any basis, directing Respondent Nos 1.to 3 herein to restore the Domestic electrical consumer connection No. C115515602558325583 as prayed for in EXT-P6 application in the light of EXT.P1 to P4 with immediate effect in the ends of justice.”
2. Ext.P6 is pending consideration before the 3 rd
respondent - Additional District Magistrate. The learned counsel on either side agree that it would be sufficient if Ext.P6 is considered by the 3 rd respondent expeditiously. W.P(C) No.37877 of 2022 -: 2 :- Without expressing anything on the merits, this writ petition is disposed of directing the 3rd respondent to consider and pass appropriate orders on Ext.P6 with notice to all affected/concerned within a period of one month. Sathish Ninan, Judge SVP APPENDIX OF WP(C) 37877/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF ELECTION IDENTITY NO. WMB0016535 ISSUED TO THE PETITIONER BY THE ELECTION COMMISSION OF INDIA DATED 04.02.2015 Exhibit P2 THE TRUE PHOTO COPY OF RATION CARD NO.
1417108876 ISSUED TO THE PETITIONER BY THE TALUK SUPPLY OFFICER CHERTHALA DATED 15.03.2017 WITH ENGLISH TRANSLATION. Exhibit P3 THE TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO. KL04020507046/2019 DATED 21.11.2019 ISSUED BY VILLAGE FIELD ASSISTANT EZHUPUNNA VILLAGE TO THE PETITIONER WITH RESPECT TO PROPERTY HAVING EXTENT OF 17 ARES 53 SQ. METERS IN SURVEY NO. D152/16-2-1 WITH ENGLISH TRANSLATION. Exhibit P4 THE TRUE PHOTO COPY OF RECEIPT NO. 2443508 & 2443509 DATED 22.11.2021 ISSUED TO THE PETITIONER HAVING CONSUMER NO. C1155156025583 BY THE KERALA STATE ELECTRICITY BOARD LTD. Exhibit P5 THE TRUE PHOTO COPY OF DISCONNECTION NOTICE NO. DBNO-1/SERVICE CONNECTION/AE/ESARR/19-20 DATED 29.02.2020 ISSUED BY THE ASSISTANT ENGINEER ELECTRICAL SECTION AROOR, TO THE PETITIONER HEREIN BY AFFIXTURE WITH Exhibit P6 THE TRUE PHOTO COPY OF THE REPRESENTATION DATED 28.10.2020 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR ALAPPUZHA DISTRICT WITH ENGLISH TRANSLATION. Exhibit P7 THE TRUE PHOTOCOPY OF ORDER ISSUED BY THE DISTRICT COLLECTOR ALAPPUZHA TO THE ASST. EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION K.S.E.B POOCHAKKAL WITH COPY TO THE PETITIONER DATED 05.12.2020 WITH Exhibit P8 THE TRUE PHOTOCOPY OF ON LINE HEARING NOTICE DATED 22.01.2022 ISSUED TO THE PETITIONER BY ADDL. DISTRICT MAGISTRATE ALAPPUZHA DISTRICT WITH RESPECT TO RESTORATION OF DOMESTIC ELECTRICAL SUPPLY CONNECTION TO THE PETITIONERS RESIDENCE WITH ENGLISH TRANSLATION.