RASHEEDA Vs. KERALA STATE ELETICITY BOARD LIMITED

JUDGEMENT

(1.) Petitioner, wife of Mr.Abdul Shabeer stated to be resident of Pookilath House, Chavakkad Taluk, Thrissur District, is aggrieved of the notice Ext.P1 issued by the Kerala State Electricity Board Limited calling for an explanation to show the ownership of the property on receipt of the complaint submitted by one Mr.Pookilath Abdul Shukur.

(2.) The contention of the petitioner is that the alleged complainant had already filed a civil suit bearing O.S.No.1116 of 2016 pending before the Court of Munsiff at Chavakkad, wherein vide order dtd. 31/10/2016 an injunction has been granted in respect of schedule property B, a motorable way, till the final disposal of the suit. Since the said person is having an animosity and rancour against the petitioner's husband, who is his brother, submitted a malicious complaint to the Electricity department in respect of drawing a five hundred(500) meter wire to the borewell alleged to be used illegally. It is contended that Electricity department without verifying the veracity of the complaint or the file of the electric connection allotted to the petitioner, called upon the petitioner vide communication dtd. 22/11/2022 Ext.P1 with the details of the ownership. A detailed reply Ext.P3 dtd. 1/12/2022 has been submitted on the ground that the complainant is the brother of first amongst them and the disputed property is in possession and title of the first among them and one Mr.Abdul Shemeer who is also a brother. It is a private pathway in the joint possession by virtue of the deed rather the complainant has encroached the property and civil dispute is pending. The allegations raised in the complaint were absolutely wrong. But the fact remains that the Electricity department could not have sent this impugned communication, once civil court is seized of the matter.

(3.) Issue notice before admission. Learned Standing Counsel for the Electricity Board accepts notice. No harm and prejudice will be caused if the petitioner is give an opportunity of hearing in respect of the complaint and urged this Court for dismissal of the writ petition.