Application for electric connection to the residential house of the petitioner was not sanctioned by respondents 1 & 2 on issuing Ext.P6 order. In Ext.P6 the petitioner was directed to produce the following documents; (1) Attested copy of any Government document possesses the survey number of the building. 2) If your building is situated in the area covered by the status quo order, produce an order from the court. The petitioner is challenging Ext.P6 and seeks direction for grant of the electric connection applied for.
2. Contention of the petitioner is that, the building in question was already assigned with number allotted by the local authority, the Munnar Grama Panchayat. Ext.P1 is the receipt for collection of Building Tax for the period, 2006 to 2012. Ext.P2 is the ownership certificate issued by the Panchayat which shows that the building in question is numbered as IX-1918A and the petitioner is the owner of the building in question. It is further submitted that the application for assignment of the land in which the building is situated is pending disposal before the Government. Ext.P3 is produced to show that a notification with respect to the proceedings for assignment had already been published.
3. Admittedly, the building is situated in a property upon which the petitioner does not hold title. But the building is already numbered by the local authority and the petitioner is residing therein. The petitioner affirms that the building is not situated within the prohibited area covered by the order of status quo issued by the hon'ble Supreme Court. The respondents 2 & 3 have not chosen to enter appearance or to dispute such averments, despite service of notice from this court.
4. Question is as to whether electric connection can be denied to the residence, despite occupancy of the building by the petitioner, merely on the basis that the building is situated in a land upon which the petitioner is not hold any title. It is evident from Ext.P5 judgment of this court that, an attempt for eviction was pursued by the Government, which was challenged by the petitioner. This court directed that the petitioner shall not be evicted unless through due process of law, after conducting necessary enquiry and after finalisation of such proceedings. This court is of the considered opinion that providing electric connection will not stand in the way of the petitioner being evicted under due process of law, if there is encroachment or unauthorised occupation of land belonging to the Government. Subject to such liberty reserved in favour of the appropriate authorities of the State Government, there is no impediment in providing electric connection to the petitioner, especially when it is affirmed that the building is not coming within the prohibited area under the status quo order passed by the hon'ble apex court.
5. Under the above mentioned circumstances, this writ petition is disposed of by directing respondents 2 & 3 to provide electric connection to the petitioner, subject to fulfillment of all requisite conditions. If the petitioner complies with all requisite formalities, the connection shall be given within a period of 3 weeks thereof.
6. It is once again clarified that electrification of the building will not stand in the way of any proceedings for eviction of the petitioner if it is found that there is an encroachment or unauthorised occupation or that the building is constructed in an illegal manner without authority.
Sd/-
C.K. ABDUL REHIM, JUDGE Pn