2025:KER:26610 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 43611 OF 2024 PETITIONER: D. VIJAY KUMAR, AGED 60 YEARS, S/O. DAVID, KIZHAKKE MYLADI VEEDU FROM KULATHOOR VILLAGE, NEYYATTINKARA NOW RESIDING AT TC IV/1900-5, PANDIT COLONY, KURAVANKONAM, KOWDIAR VILLAGE, THIRUVANANTHAPURAM, PIN – 695003. BY ADV V.S.BABU GIREESAN RESPONDENTS: 1 THE CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANNANTHAPURAM, PIN – 695002. 2 THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, UCHAKADA, KULATHOOR, NEYYATTINKARA, THIRUVANNANTHAPURAM, PIN – 605506. 3 RAJESH, AGED 45 YEARS S/O. CHANDRAN, RESIDING AT LAKSMIPRIYA, NEAR AYURVEDA HOSPITAL, MARUTHOOR DESOM, ATHIYANNOOR VILLAGE, NEYYATTINAKARA, THIRUVANNANTHAPURAM, PIN – 695121. BY ADVS. NIRMAL S SASITH M R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 43611 OF 2024 2 2025:KER:26610 JUDGMENT The petitioner has approached this Court being aggrieved by the fact that Ext.P3 application filed by the petitioner for disconnection of electric supply granted to an unauthorized building of the 3rd respondent has not been considered by the competent authority till date. The learned counsel for the petitioner submits that there is also misuse of electricity granted for one purpose for other purposes by the 3rd respondent. 2. The learned counsel appearing for the Kerala State Electricity Board Limited submits that a decision can be taken on Ext.P3 within a time frame to be fixed by this Court. 3. The learned counsel appearing for the 3rd respondent submits that if this Court is inclined to direct consideration of Ext.P3, it may be made clear that this Court has not expressed any opinion on the merits of the matter and the competent authority is free to consider the matter in accordance with the law. 4. Having heard the learned counsel for the petitioner, the learned counsel appearing for the Kerala State Electricity Board Limited and the learned counsel appearing for the 3rd respondent and considering the limited nature of relief now sought for by the petitioner, this writ petition will stand disposed of directing the 1st WP(C) NO. 43611 OF 2024 3 2025:KER:26610 respondent to forward Ext.P3 complaint to a competent authority to decide the matter after affording an opportunity of hearing to the petitioner and to the 3rd respondent. I make it clear that I have not expressed any opinion on the merits of the matter including on the question as to whether the petitioner has any right to maintain such a complaint. Therefore, the competent authority will be free to take a decision on Ext.P3 complaint including on the question of its maintainability after hearing the petitioner and the 3rd respondent as directed above. The competent authority will endeavor to take a decision in the matter, as directed, within a period of three months from the date of receipt of a certified copy of this judgment. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 43611 OF 2024 4 2025:KER:26610 APPENDIX OF WP(C) 43611/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY TAX RECEIPT DATED 27/05/2024 Exhibit-P2 THE COPY OF THE JUDGMENT IN O.P NO. 751/1992 DATED 10.09.1996 Exhibit-P3 THE COPY OF THE PETITION DATED 15.10.2021 Exhibit-P4 THE COPY OF THE FINAL REPORT IN CRIME NO. 226/2022 OF POZHIYOOR POLICE STATION Exhibit-P5 TRUE COPY OF THE PETITION FOR DISCHARGE BEFORE THE 2ND ADDITIONAL SESSIONS COURT, THIRUVANANTHAPURAM FILED BY THE PETITIONER ON 30.08.2024 Exhibit-P6 TRUE COPY OF THE INTERIM STAY IN CRIMINAL REVISION AS CRL.REVISION PETITION NO. 1141 OF 2024 DATED 25.10.2023 Exhibit-P7 TRUE COPY OF THE JUDGMENT IN COMPLIANT NO. 438/2023 DATED 14.07.2023 OF THE OMBUDSMAN FOR LOCAL BODY RESPONDENT EXHIBITS Exhibit-R3(a) TRUE COPY OF THE ORDER OF THE OMBUDSMAN IN COMPLAINT NO. 438/2023 DATED 14.07.2023. Exhibit R1(a) TRUE COPY OF THE 1ST PAGE OF THE CONSUMER PROFILE OF SRI. RAJESH IN HIS CONSUMER NO. 1146550018332 TAKEN FROM THE KSEBL ORUMA NET DATED 06-01-2025