B.SHIVARAMA BHAT Vs. THE ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioner's sole allegation in this writ petition is that the officials of the Kerala State Electricity Board (KSEB) has drawn an electric line to the residence of the second respondent using a post installed in his property, without informing him and without taking his consent.

(2.) The petitioner says that he had earlier approached the Public Information Officer of the KSEB seeking copies of the documents relating to the grant of connection to the second respondent but that he has been informed through Exhibit P1 that no such documents are available in their office. He submits that he, therefore, preferred a statutory appeal before the Appellate Authority and that the reply he received is also to the effect that there are no such documents. He says that, consequently, he preferred Exhibit P4 petition before the first respondent seeking that the electric connection to the second respondent be disconnected, since it is now clear that the connection has been granted to him without authority. He prays that Exhibit P4 be directed to be disposed of.

(3.) The learned Standing Counsel for the KSEB submits that there is no legal impediment in the first respondent taking up Exhibit P4 and disposing it of after hearing the petitioner as well as the second respondent. He, however, says that the electric post in the petitioner's property was installed several years ago and that the line to the second respondent's house has been drawn from that post and says that, prima facie, therefore, the said connection does not appear to be untenable, as has been contended by the petitioner.