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Judgment
C.N. Ramachandran Nair, J.—This Writ Appeal is filed by the party respondent in the WP(C) against the interim order passed by the learned Single Judge wherein the KSEB is given freedom to disconnect the electricity connection given to the appellant. We have heard learned counsel for the appellant, learned counsel for the 1st respondent/petitioner, who took notice on admission, and also learned Senior counsel Shri.P.Santhalingam appearing for the KSEB.
After hearing both sides, what we notice is that there is a dispute with regard to the title of appellant''s property, where she is residing. According to the 1st respondent/petitioner, the property was under lease to a person, who is the brother-in-law of the appellant, who died. After the death of the original tenant, his brother''s wife, namely the appellant, is residing in the house with family members. It is conceded that certain civil disputes were raised in Civil Court which pertain to title and all the cases are over. According to the 1st respondent''s counsel, the appellant could not establish title over the property. However, the fact remains that the appellant is residing in the house, and if at all, she is to be evicted, the 1st respondent has to adopt due process of law for eviction.
The question now to be considered is whether Landlord''s NOC is required for the KSEB to give electricity connection in the premises to the tenant. According to the KSEB, Conditions of Supply requires NOC from the land or building owner for giving connection. However, clause 14(4) of the Conditions of Supply authorises the KSEB to give connection against bond being executed by the occupier. On going through the facts of the case what we notice is that it is not an ordinary case of tenancy relationship because the tenant is no more, and it is a matter of continuity of tenancy by relatives. We do not want to deal with the rights of the parties over the property, which has to be settled in appropriate Forum. However, so long as the appellant and her family members are residing in the house, she is entitled to electricity connection, as it is essential like right of way or water connection because these are basic necessities in life. Further, by denying electricity connection, the 1st respondent is not going to achieve their purpose of securing the property for themselves. Therefore, without going into the rival contentions on the right of the parties over the property, we direct the KSEB to retain the electricity connection given to the appellant until she is physically evicted, if the same happens. Whatever is the security that is required to be taken, can be demanded by the KSEB from the appellant because since the 1st respondent has claim over the property, they cannot be held to be a defaulter if the appellant commits any default in payment of electricity dues. Therefore, this Writ Appeal is allowed vacating the interim order of the learned Single Judge, and the Writ Petition is disposed of with direction to the KSEB as above.