M.D. BABJAN Vs. ABDUL BASHEER

JUDGEMENT

(1.) IN these writ petitions, petitioners are challenging the official memorandum dated 14.07.2014 issued by the Assistant Executive Engineer (Elec.) -2nd respondent herein, informing respondents 3 to 5 herein who claim to be the owners of the premises in question that approval had been granted for permanent surrender of power supply in respect of the respective installations and that the agreement entered into by the consumer with Chamundeshwari Electricity Supply Company (CHESCOM) in that regard was deemed to have been terminated with immediate effect. The resultant position is that at the request of respondents 3 to 5 who claim to be the owners of the premises in question in respect whereof electrical installations were given supplying electricity to the premises, the electricity supply was terminated.

(2.) PETITIONERS herein claim to be the occupants of the premises. It is their grievance that the electrical installations in question stood in their names for several years and behind their back in collusion with the respondent -officials, respondents 3 to 5 herein claiming to be the owners had got effected changes of the installations in their names by deleting the names of the petitioners. Thereafter, they have clandestinely moved the 2nd respondent to disconnect the electricity supply on the pretext that they were permanently surrendering the electricity supplied.

(3.) LEARNED Counsel for the petitioners submits that the impugned official memorandums being arbitrary, unfair and opposed to the principles of natural justice, are liable to be set aside. He also points out that in a civil litigation, a decree has been passed in favour of third parties declaring that they are the owners of the property and therefore respondents 3 to 5 herein have no right or interest over the property.