P.G.RADHAKRISHNAN & PRAKASHAN v. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, KOCHI MUNICIPAL CORPORATION COUNCIL & OTHERS

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31[ST] DAY OF JANUARY 2024 / 11TH MAGHA, 1945 WP(C) NO.3796 OF 2024 ``` ## **`PETITIONER:`** ``` P.G.RADHAKRISHNAN, AGED 72 YEARS S/O.GOVINDANKUTTY MENON, PARVATHI VILASAM PONEKKARA-AIMS P.O KOCHI, PIN - 682014 ``` ``` BY ADVS. C.S.AJITH PRAKASH T.K.DEVARAJAN BABU M. ANCY THANKACHAN NIDHIN RAJ VETTIKKADAN AKASH JOSHI KRISHNENDU.D ``` ## **`RESPONDENTS:`** - **`1 THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, SAPHALYAM COMPLEX, 4TH FLOOR INSTITUTION TRIDA BUILDING UNIVERSITY P.O, THIRUVANANTHAPURAM, PIN - 695034`** - **`2 KOCHI MUNICIPAL CORPORATION COUNCIL REPRESENTED BY ITS SECRETARY KOCHI CORPORATION, KOCHI, ERNAKULAM, PIN - 682011`** - **`3 THE SECRETARY OFFICE OF THE KOCHI CORPORATION, KOCHI, ERNAKULAM, PIN - 682011`** - **`4 THE ASSISTANT EXECUTIVE ENGINEER OFFICE OF THE ASST.EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, PALARIVATTOM, ERNAKULAM, PIN - 682025`** 2 W.P.(C) No.3796 of 2024 ``` 5PRAKASHAN AGED 70 YEARS S/O.LATE KUMARAN NADAKKAPARAMBIL, PONEKKARA, AIMS P.O, EDAPALLY NORTH KOCHI, PIN – 682041 ``` ``` BY SMT.P.K.RESHMA KALARIKKAL, SC ``` ``` SRI.K.JANARDHANA SHENOY, SC SRI.VIPIN D.G., SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) No.3796 of 2024 3 ## **`JUDGMENT`** ``` The above writ petition is filed by the petitioner with the following prayers: ``` ``` “i) i. To call for the records leading to the issuance of Exhibit P9 order of the 1st respondent and quash the same by issuing a writ of certiorari or any other appropriate unit or order, after declaring it as illegal or beyond the jurisdiction of the 1st respondent. ``` ``` ii. To declare that the direction issued by the Learned Ombudsman/1st respondent to communicate the decision of cancellation of ownership (jamammattom) to the KSEB officials is beyond the jurisdiction and unwarranted in the facts and circumstance of the case. ``` ``` iii. To issue a writ of mandamus or any other order or writ directing the 2[nd] respondent Council of Kochi Corporation to consider and dispose of Ext.P10 Statutory Appeal petition and stay petition, within a time limit fixed by this Hon’ble Court. ``` ``` iv. To declare that the Kerala State ``` W.P.(C) No.3796 of 2024 4 ``` Electricity Board has no authority to disconnect the electricity connection with consumer No.C1155445034638 allotted to the petitioner, pending consideration of Ext.P10 appeal and further without proper advance notice to the petitioner. ``` ``` v. To issue such other writ, orders or directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. ``` ``` vi. To issue such other appropriate order or directions dispensing with the filing of English translation of the vernacular documents produced along with the writ petition.” ``` ``` 2. When the writ petition came up for consideration today, after arguing for sometime, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the 2[nd]respondent/ Corporation Council to consider Ext.P10 appeal and till then the disconnection of electric connection ``` W.P.(C) No.3796 of 2024 5 ``` may be stayed. ``` ``` 3. Heard the learned counsel for the petitioner and the respective learned Standing Counsel appearing for the respondents. ``` ``` 4. After hearing both sides, I think that the prayer of the petitioner can be allowed. All other contentions raised in this writ petition are left open and the petitioner is free to raise the same before the appropriate forum. ``` **`5. Therefore, the writ petition is disposed of`** **`with the following directions:`** ``` i) The 2[nd] respondent is directed to consider and pass appropriate orders on Ext.P10 and the stay petition filed along with Ext.P10, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment, after giving an ``` W.P.(C) No.3796 of 2024 6 ``` opportunity of hearing to the petitioner. ``` ``` ii) Till final orders are passed, the electricity connection of the petitioner shall not be disconnected. ``` ``` Sd/- ``` ``` P.V.KUNHIKRISHNAN JUDGE ``` ``` sp/31/01/2024 ``` W.P.(C) No.3796 of 2024 7 ## **`APPENDIX`** ## **`PETITIONER'S EXHIBITS:-`** ``` Exhibit P1 ``` ``` A TRUE COPY OF THE LAND TAX RECEIPT NO.KL07022503511/23 DATED 25-04-2023 ISSUED BY THE EDAPPALLY NORTH VILLAGE ``` - **`Exhibit P2`** - **`A TRUE COPY OF THE PROPERTY TAX RECEIPT NO.184621 DATED 09-05-2023, ISSUED IN THE NAME OF THE PETITIONER`** - **`Exhibit P3 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 02-05-2023 ISSUED BY THE KOCHI MUNICIPAL CORPORATION`** - **`Exhibit P4 A TRUE COPY OF THE PROPERTY TAX RECEIPT NO.134199 DATED 09-11-2022 ISSUED BY THE KOCHI CORPORATION IN THE NAME OF MR.N.A.KUMARAN`** - **`Exhibit P5 A TRUE COPY OF THE ELECTRICITY BILL ISSUED BY THE KSEB IN THE NAME OF THE PETITIONER`** - **`Exhibit P6 A TRUE COPY OF THE KSEB BILL REMITTANCE SLIP OF THE PETITIONER`** - **`Exhibit P7`** - **`A TRUE COPY OF THE COMPLAINT NO.931/2023 DATED 24-09-2023 WITHOUT ITS ANNEXURES, FILED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT`** - **`Exhibit P8 A TRUE COPY OF THE ORDER NO.4853/2023 DATED 07-12-2023 ISSUED BY THE 3RD RESPONDENT CANCELLING THE JAMAMATTOM`** - **`Exhibit P9 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12-12-2023 IN COMPLAINT NO.931/2023`** W.P.(C) No.3796 of 2024 8 ## **`Exhibit P10`** ``` Exhibit P11 ``` ``` A TRUE COPY OF THE APPEAL PETITION AND THE ACCOMPANYING STAY PETITION DATED 20-12-2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT 'COUNCIL' OF THE KOCHI CORPORATION ``` ``` A TRUE COPY OF THE RECEIPT NO.00618 DATED 21-12-2023 ISSUED BY THE KOCHI CORPORATION ```