LAWS(KER)-2019-2-170

SELVANOSE Vs. ASSISTANT ENGINEER

Decided On February 19, 2019
Selvanose Appellant
V/S
ASSISTANT ENGINEER Respondents

JUDGEMENT

(1.) The petitioner, who is stated to be the owner of a commercial building at Pozhiyoor, Thiruvananthapuram, impugns Ext.P3 proceedings issued to him by the Kerala State Electricity Board Limited ('KSEB' for short), intimating him that they will disconnect electric supply to the building in question. The petitioner says that this intimation is completely illegal and that the KSEB has acted in violation of all applicable Statutes and Regulations.

(2.) The learned standing counsel appearing for the KSEB, on the contrary, submits that Ext.P3 was issued only as per the requisition received by the KSEB from the 3 rd respondent - Local Self Government Institution. He says that they have been intimated by the said respondent that the building in question is illegal and unauthorized and therefore, that the electric connection must be immediately disconnected. He adds that the KSEB has only acted as per this requisition and that they have no other interest in the matter.

(3.) Smt.Vinayakumari, the learned standing counsel appearing for the 3rd respondent Panchayath, submits that the petitioner's building has been constructed without authority and that he has even installed a transformer in violation of the applicable Building Rules and Regulations. She says that, in fact, even the learned Ombudsman for Local Self Government Institutions, Thiruvananthapuram, has, on the complaint of respondents 5 and 6, issued orders to the Panchayth, copies of which are on record as Exts.P1 and P2; and therefore, that they are now bound to act as per the provisions of law against the building in question. She says that it is in such background, that the Panchayath had requisitioned the KSEB for disconnection of the electric supply, since the building is illegal and therefore, deserving to be demolished.