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Krishna Prasad.P vs Assistant Executive Engineer

High Court Of Kerala|25 June, 2014
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JUDGMENT / ORDER

Grievance of the petitioner is that electric connection applied to his residential house is not sanctioned by the respondents. It is stated that the application was submitted as early as in April, 2014 and despite the lapse of about 2 months the connection is not provided, eventhough the petitioner had remitted the requisite deposits.
2. Learned Standing counsel on instructions submitted that there was objection from the side of the neighbouring property owner with respect to drawing of electric line. As per provisions contained in the Indian Telegraph Act read with relevant provisions in the Electricity Act, 2003 the respondent is bound to take steps to invoke jurisdiction of the District Magistrate as provided under Section 16 (1), if there is any objection with respect to exercise of the power vested under Section 10. Evidently the respondent had delayed the matter without resorting to W.P.(c) No.15002/2014 -2-
such procedure. There is no justification in denying electric connection to the petitioner's residence, indefinitely, for the reason that the neighbouring property owner had objected drawing of the electric line.
3. Under the above mentioned circumstances, the writ petition is disposed of by directing the respondent to take necessary steps to invoke Section 16 (1) of the Indian Telegraph Act, by approaching the District Magistrate having jurisdiction in the matter. Necessary steps in this regard shall be taken without any further delay, at any rate within a period of 2 weeks from the date of receipt of a copy of this judgment.
4. Needless to observe that if any petition is submitted before the District Magistrate having jurisdiction, the same shall be dealt with and appropriate decision should be rendered without any further delay.
AMG Sd/-
C.K. ABDUL REHIM, JUDGE.
True copy P.A to Judge
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Title

Krishna Prasad.P vs Assistant Executive Engineer

Court

High Court Of Kerala

JudgmentDate
25 June, 2014
Judges
  • C K Abdul Rehim
Advocates
  • Sri Ayyappan Sankar