2025:KER:28208 WP(C) NO. 36849 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 36849 OF 2024 PETITIONER/S: SIVAKUMAR,AGED 50 YEARS S/O SUBHADRAMMA, RESIDING AT KUNCHU PAZHANCHIRA VEEDU, CHANNANKARA. P.O, KADINAMKULAM, THIRUVANANTHAPURAM, PIN - 695301 BY ADVS. M.R.ANANDAKUTTAN M.HEMALATHA MAHESH ANANDAKUTTAN RESPONDENT/S: 1 KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM, REPRESENTED BY CHIEF EXECUTIVE ENGINEER, PIN - 695004 2 ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, KANIYAPURAM ELECTRICAL SECTION, KANIYAPURAM, THIRUVANANTHAPURAM, PIN – 695301 2025:KER:28208 WP(C) NO. 36849 OF 2024 2 3 VIDHUKUMAR, S/O KRISHNAN, ARAKKUMVAYAL VEEDU, PUTHUKURICHI, PUTHUKURICHI. P.O, KADINAMKULAM, THIRUVANANTHAPURAM, PIN - 695301 BY ADVS. M.DINESH SURESH KUMAR C.G.(K/397/1993) SRI. NIRMAL S., SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28208 WP(C) NO. 36849 OF 2024 3 JUDGMENT The petitioner has approached this Court, being aggrieved by the fact that an electricity connection is not being provided to the petitioner on account of certain objections raised by the 3rd respondent, who claims to be the real owner of the property and the building occupied by the petitioner . 2. A perusal of the pleadings in this writ petition indicates that the 3rd respondent has filed a suit for declaration of title and for recovery of possession against the petitioner and the same is pending as O.S. No.257 of 2014 before the Munsiff’s Court, Attingal. 3. Learned counsel appearing for the petitioner submits that if electricity connection is denied to the petitioner on the basis of objection raised by the 3rd respondent that the claim of the 3rd respondent (for declaration of title and recovery of possession) is pending before the civil Court, the petitioner will be put to serious prejudice, injury and hardship. It is submitted that, this Court, may therefore direct the Kerala State Electricity Board (the Board) to provide electricity 2025:KER:28208 WP(C) NO. 36849 OF 2024 4 connection to the petitioner subject to compliance with usual formalities. 4. Learned counsel appearing for the 3rd respondent vehemently argues that the petitioner has no claim over the property and the building in question. It is submitted that, the petitioner is in illegal occupation of the building and the property belonging to the 3rd respondent. It is submitted that, in order to defeat the rights of the 3rd respondent, the petitioner has now approached this Court seeking a direction for providing electric connection to him. It is submitted that, any finding by this Court that the petitioner is entitled to an electric connection will prejudice the rights of 3rd respondent in the pending civil proceedings before the Munsiff’s Court, Attingal. It is submitted that, in such circumstances, no direction may be issued by this Court to the Board to provide electric connection to the petitioner. 5. Learned Standing Counsel appearing for the Board would submit that the electric connection to the building in question was denied only on account of objections raised by the 3rd respondent stating that he is the actual owner of the property and the building in question. It is submitted that, if 2025:KER:28208 WP(C) NO. 36849 OF 2024 5 this Court were to so direct, electric connection can be provided to the petitioner. 6. Having heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Board and the learned counsel appearing for the 3rd respondent, I am of the opinion that the writ petition can be disposed of, directing the Board to provide electric connection to the petitioner provisionally and subject to the proceedings before the Munsiff’s Court, Attingal in O.S. No.257 of 2014. The contention of the learned counsel appearing for the 3rd respondent that any direction to provide electric connection may prejudice the 3rd respondent in the proceedings before the civil court can be taken care of by making it clear that the direction issued to provide electric connection to the petitioner will not, in any manner, influence or have any bearing on the proceedings before the civil court and that court will be free to decide O.S. No.257 of 2014, untrammeled by any observations contained in this judgment. I am inclined to direct the Board to provide electric connection to the petitioner also taking into account the fact that the petitioner has been in possession of the building and the land in question, at least from 2014, when 2025:KER:28208 WP(C) NO. 36849 OF 2024 6 the suit was filed by the 3rd respondent for declaration of title and recovery of possession. Accordingly, the writ petition will stand disposed of, directing respondent Nos.1 and 2 to process the application (if any) filed by the petitioner for providing electric connection, in accordance with the law and provide electric connection to the petitioner, subject to compliance with usual formalities. If all formalities are complied with, the electric connection shall be provided to the petitioner without undue delay and at any rate within a period of two months from the date of receipt of a certified copy of this judgment. The petitioner shall ensure that bills raised by the Board for consumption of electricity shall be duly and faithfully paid by him. The direction to provide electric connection shall be without prejudice to the contentions of either side before the Munsiff’s Court, Attingal in O.S. No.257 of 2014. It is made clear that the directions issued by this Court will not have any bearing on the contentions raised by either side before the Munsiff’s Court, Attingal. It is also made clear that the direction to provide electric connection is a stop-gap arrangement pending disposal of O.S. No.257 of 2014 pending before the Munsiff’s Court, 2025:KER:28208 WP(C) NO. 36849 OF 2024 7 Attingal and will always be subject to the orders to be passed by that court. Writ petition is ordered accordingly. Sd/- GOPINATH P. , JUDGE ajt 2025:KER:28208 WP(C) NO. 36849 OF 2024 8 APPENDIX OF WP(C) 36849/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE SISTER OF THE PETITIONER AND OTHERS IN O. S. NO. 257 OF 2014 DATED 28-09-2019 Exhibit-P1 English Translations English Translation of Ext-P1 Exhibit-P2 A TRUE COPY OF THE REPRESENTATION DATED 01- 10-2024 ADDRESSED TO THE 2ND RESPONDENT Exhibit-P2 English Translation English Translation of Exhibit-P2 Exhibit-P3 A TRUE COPY OF THE POSTAL RECEIPT DATED 01- 10-2024 RESPONDENT EXHIBITS Exhibit-R3(a) True copy of the Sale Deed No.599/2005 dated 14.2.2005 of Kazhakkoottam S.R.O. executed in the name of 3rd respondent Exhibit-R3(b) True copy of the land tax receipt No.KL01010602494/2024 dated 24.04.2024 for the period 2024-25 issued to the 3rd respondent from Village Office, Kadinamkulam Exhibit-R3(c) True copy of the rent deed executed by Saraswathy Amma in favour of 3rd respondent dated 14.2.2005 Exhibit-R3(d) True copy of the plaint in O.S. No.257/2014 dated 9.4.2014 filed by 3rd respondent before the Munsiff Court, Attingal