KAMAKSHY GRAMA PANCHAYAT Vs. ANNAMMA PHILIP

JUDGEMENT

(1.) Instant appeal is directed against judgment dated 24.06.2019 made in W.P.(C) No.14157 of 2019 by which, writ court granted liberty to the writ petitioner to avail statutory remedy against Agenda No.5 in Exhibit-P6 resolution of Kamakshy Grama Panchayat, Idukki District, appellant No.1 herein, and further directed the Kerala State Electricity Board Limited, respondent No.2, not to disconnect electric supply to the writ petitioner's premises pursuant to Exhibit-P8 notice bearing No.G.B.-2019-20/Service Connection/18 dated 27.04.2019, until such time as the actual demolition of the premises is undertaken by Panchayat in terms of law. Writ court further directed that in the event of Panchayat demolishing the building as per law, respondent No.2 shall render all assistance, including disconnection of electric supply, so as to effectuate such demolition without any hindrance from the writ petitioner.

(2.) Short facts leading to the appeal are that, writ petitioner was conducting a bakery and cool bar in Survey No.1/1 at Attuparathavalam, Thankamony village, Idukki district, for the last 27 years. By letter dated 27.04.2019, Ex-Assistant Engineer, Kerala State Electricity Board Ltd., Electrical Section, Painavu, respondent No.3 herein, informed the writ petitioner that Secretary, Kamakshy Grama Panchayat has issued letter dated 17.04.2019 to Ex-Assistant Engineer, KSEB Ltd., Painavu, stating that Sri.James Karikoottathil has constructed a new building in the place of existing building, in violation of the Kerala Panchayat Building Rules and in such circumstances, proposing to disconnect electric supply, and under Regulation 138(e&k) of the Supply Code, 2014, explanation has been called for by the Assistant Engineer, Kerala State Electricity Board Ltd., Painavu, as to why electric supply should not be disconnected.

(3.) Being aggrieved, writ petition has been filed for a writ of certiorari quashing Exhibit-P8 notice dated 27.04.2019 and declare that decision as per Agenda No.5 of Exhibit-P6 resolution of appellant Panchayat dated 30.03.2019 is null and void, inoperative and not binding on the writ petitioner.