IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 22814 OF 2020
PETITIONER:
RAJESH KANNAN,
AGED 45 YEARS,
S/O. ESWARAN, BUILDING NO.10/1541(UA),
IKKA NAGAR, MUNNAR.
BY ADVS.
A.A.SHIBI
SRI.P.V.VIJU
RESPONDENTS:
1 THE ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
MUNNAR P.O., MUNNAR, IDUKKI DISTRICT, PIN - 685612.
2 THE SENIOR MANAGER - ENGINEERING,
KANNAN DEVAN HILLS PLANTATION HOUSE,
MUNNAR P.O., MUNNAR, IDUKKI DISTRICT, PIN - 685612.
BY ADV SRI.A.ARUNKUMAR, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22814 OF 2020
-2-
JUDGMENT
Petitioner is a resident of Ward No.10 of Munnar Village and in possession of 1.5 cents of land including a residential building in Survey No.843 of Munnar Village for the last 12 years. He has been assigned the building number as 1541 and had been paying the building tax as per the receipts issued by the Grama Panchayat, Munnar Ext.P1. Since the residential building of the petitioner did not have the electric connection, Senior Manager, Engineering Department, KDHP Company, the service provider, was approached for providing the electric connection but petitioner was put off on the ground that, is required to obtain No objection Certificate (NOC) from the Kerala State Electricity Board (hereinafter referred to as 'KSEB', for short) as KSEB is the owner of the property.
2. Learned counsel for the petitioner submits that controversy with regard to the survey number has WP(C) NO. 22814 OF 2020 -3- already been set at rest by this Court vide judgment Ext.P7, relying upon one other judgment passed by this Court giving liberty to the electricity department to take the possession in accordance with law, but directed the licensee to provide the electricity connection without any further delay, without issuing the NOC. Petitioner vide interim application has placed on record additional documents Exts.P8, P9 and P10 to reflect that the KSEB is not in the ownership of Survey No.843. It has a total land of almost 16 acres and many other persons are in illegal occupation of certain portion of the aforementioned survey number.
I dispose of the writ petition in terms of the order passed by this Court in judgment dated 12.06.2020 in W.P(C).11604 of 2020 Ext.P7 directing the respondent No.2 to issue the electric connection without insisting for NOC from the KSEB as the building receipts reflect that the petitioner is in possession of the premises. Let the WP(C) NO. 22814 OF 2020 -4- electric connection be provided within a period of three weeks by the respondent No.2, from the date of receipt of a certified copy of the judgment.
Sd/-
AMIT RAWAL JUDGE vv WP(C) NO. 22814 OF 2020 -5- APPENDIX OF WP(C) 22814/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF BUILDING TAX RECEIPT ISSUED BY MUNNAR GRAMA PANCHAYAT DATED 19.07.2020.
EXHIBIT P2 TRUE COPY OF OWNERSHIP CERTIFICATE DATED 17.06.2020 ISSUED BY THE MUNNAR GRAMA PANCHAYAT.
EXHIBIT P3 TRUE COPY OF REPLY GIVEN BY 2ND RESPONDENT IN PURSUANCE OF APPLICATION SUBMITTED BY PETITIONER FOR ELECTRIC CONNECTION.
EXHIBIT P4 TRUE COPY OF APPLICATION FOR NOC SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 3.9.2020 WITHOUT ITS EXHIBIT ALONG WITH THE ENVELOP NOTED AS REFUSED.
EXHIBIT P5 TRUE COPY OF NOC ISSUED FROM 1ST RESPONDENTS OFFICE TO ONE MR.JOSEPH, WHO IS RESIDING IN SURVEY NO.843 OF MUNNAR VILLAGE.
EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 13.08.2014 IN WP(C) NO. 28646 OF 2013 OF THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 12.06.2020 IN WP(C) NO.11604 OF 2020 OF THIS HON'BLE COURT.
Exhibit P8 TRUE COPY OF LIST OF ASSIGNABLE LAND APPROVED BY THE DISTRICT COLLECTOR WITH TYPED COPY Exhibit P9 TRUE COPY OF LIST OF ASSIGNABLE LAND WP(C) NO. 22814 OF 2020 -6- APPROVED BY THE DISTRICT COLLECTOR WITH TYPED COPY Exhibit P 9 TRUE COPY OF LIST OF ASSIGNESS IN SY NO. 843 WITH THEIR LA. NUMBERS OBTAINED UNDER RTI ACT WITH TYPED COPY Exhibit P10 TRUE COPY OF THE ORDER IN G.O.(MS) NO.
351/95/RD DATED 11.07.1995 WITH TYPED COPY