Case Title: SHRI M R VIJAYA KUMAR versus ASSISTANT EXECUTIVE ENGINEER and others
Case No: WP No. 13571 of 2024
Decided on: 21st May , 2024
Quorum: THE HON’BLE MR JUSTICE M.G.S. KAMA
Facts of the case
In this case, the petitioner is requesting that CESCOM restore the power supply to their property after it was disconnected for failing to receive consent from other co-owners, even though they had been paying consumption charges on a regular basis. The petitioner had to provide a no objection letter from the other co-owners within 15 days, and the court ordered CESCOM to promptly restore the power supply. The petitioner had earlier asked for more time to secure the required no objection; nevertheless, CESCOM cut off the electricity and disregarded the petitioner’s counsel, which resulted in the petition for court intervention being filed.
Issues
What ruling did the court make in regards to the petitioner’s property’s restoration of power?
Appellant contentions
The appellant bases their arguments on a petition that was filed asking for instructions to restore the subject property’s electricity supply after it was disconnected by the respondent authority for failing to get consent from other co-owners. The petitioner must provide the necessary no objection from the other co-owners within 15 days of the order date, the court has instructed the respondent authority, and the authority has been instructed to restore the power supply immediately.
Respondent Contentions
In order to dispose of the petition in accordance with the petitioner’s applications and representations in Annexures G and J, the respondent body is instructed to take further action and issue the necessary instructions .
Court Analysis and Judgement
When the petitioner’s power supply was cut off because no one else objected, the court examined the circumstances joint proprietors. The petitioner paid consumption charges on a regular basis, thus the court ordered the respondent authority to immediately restore power supply because it didn’t seem justified to disconnect them. However, within 15 days of the order’s date, the petitioner must present the required lack of opposition from the other co-owners.
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Judgement Analysis Written by – K.Immey Grace
