M.S. Manikandan vs Kochammu Gopinathan and The Assistant Executive Engineer

Pius C. Kuriakose, J.—Under challenge in this writ petition under Article 227 is Ext.P6 order passed by the learned Munsiff, Chavakkad. Ext.P6 is passed in a proceeding for execution of an order passed by the Accommodation Controller, Chavakkad u/s 13(2) of Act 2 of 1965 directing reconnection of the electricity connection allegedly dis connected. Before the learned Munsiff, the stand taken by the petitioner/landlord was that he has no objection in a fresh connection being taken in the tenant''s name and that he will do whatsoever is necessary for facilitating such connection. The learned Munsiff under Ext.P6 has taken the view that as an Execution Court, it''s duty is to ensure that Ext.P2 order which is sought to be executed is executed.

We do not propose to express any opinion regarding the correctness of the view taken by the learned Munsiff. We notice that the petitioner has a remedy provided u/s 14 of Act 2 of 1965 if he is genuinely aggrieved by Ext.P6. Relegating the petitioner to that remedy, we dispose of the writ petition without examining the merits of the grounds. However, we direct that Ext.P6 be kept in abeyance for a period of seven days from today.