IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 12025 OF 2022
PETITIONER:
K. VIDYADHARAN,
AGED 60 YEARS,
SARADHI, MUPPATHADAM P.O., ALUVA, PIN - 683110
BY ADVS.
RENJINI M. RENJITH
N.KRISHNA OZHAKKANAT
LAKSHMINARAYAN.R
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD - KSEB,
REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
2 DEPUTY CHIEF ENGINEER,
OFFICE OF THE DEPUTY CHIEF ENGINEER,
ERNAKULAM ELECTRICAL CIRCLE, PIN - 695004
3 EXECUTIVE ENGINEER,
KSEB ELECTRICALS SUB DIVISION,
NORTH PARAVOOR, PIN - 683513
4 ASSISTANT EXECUTIVE ENGINEER,
KSEB ELECTRICALS SUB DIVISION,
NORTH PARAVOOR, PIN - 683513
5 ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM COLLECTORATE,
KAKKANAD, ERNAKULAM, PIN - 682030
BY ADV.
SRI JIMMY GEORGE, GP
SRI B PREMOD, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12025 OF 2022 -2-
JUDGMENT
Order of the Additional District Magistrate (ADM) dated 13.01.2022 rejecting the complaint of the petitioner for changing the posts P/CK/44/6/1 and the lines which are installed in survey No.170/11A of Kottuvally Village, Paravur Taluk, has been assailed.
2. The grievance of the petitioner is that the said connection lines and posts were installed in 2012. The matter was required to be adjudicated by ADM, Ernakulam after having afforded the opportunity to both parties i.e., the Electricity Board and complainant and the complaint has been rejected. It is contended that vide Ext.P8 the previous consumer had also certified that the connection was issued only in 2012 whereas it is in 1992 as observed by the ADM. The posts and the lines have to be shifted at the expense of the KSEB and not by the complainant.
WP(C) NO. 12025 OF 2022 -3-
3. As per the report from the Electricity department, the connections were issued on 20.06.1992 and the complaint had been submitted after the expiry of thirty(30) years. KSEB had not rejected the request but agreed to change the posts and the lines on payment of the expenses of Rs.25,000/- (Rupees twenty five thousand only).
The order of the ADM does not suffer from any illegality, arbitrariness or perversity. No ground for interference is made out. Writ petition is accordingly dismissed.
Sd/-
AMIT RAWAL JUDGE vv WP(C) NO. 12025 OF 2022 -4- APPENDIX OF WP(C) 12025/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.02.1992 Exhibit3 RESPONSE TO EXHIBIT-P2; BY 4TH RESPONDENT. ESTIMATE OF RS. 25480/- DEMANDED FROM THE PETITIONER TO RELOCATE ELECTRIC POSTS DATED 16.07.2021 AND ENGLISH TRANSLATION OF THE SAME Exhibit4 APPLICATION BY THE PETITIONER TO RELOCATE THE POST AT 2ND RESPONDENT'S EXPENSE DATED 19.07.2021 AND ENGLISH TRANSLATION OF THE SAME Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 22.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO REMIT AN AMOUNT OF RS. 25,480/-
Exhibit5 LETTER FROM 3RD RESPONDENT TO THE PETITIONER DEMANDING 24, 913 RUPEES TO RELOCATE ELECTRIC POST DATED 25.08.2021 AND ENGLISH TRANSLATION OF THE SAME Exhibit6 REGISTERED LETTER FROM THE PETITIONER TO 3RD RESPONDENT DATED 01.09.2021 AND ENGLISH TRANSLATION OF THE SAME Exhibit P4 APPLICATION BY THE PETITIONER TO RELOCATE THE POST AT 2ND RESPONDENT'S EXPENSE DATED 19.07.2021 WP(C) NO. 12025 OF 2022 -5- Exhibit P5 LETTER FROM 3RD RESPONDENT TO THE PETITIONER DEMANDING 24, 913 RUPEES Exhibit7 LETTER FROM 3RD RESPONDENT TO THE PETITIONER DEMANDING 24, 913 RUPEES TO RELOCATE ELECTRIC POST DATED 13.10.2021 AND ENGLISH TRANSLATION OF THE SAME Exhibit8 LETTER FROM SRI. ROBY TO 4TH RESPONDENT DATED 11.10.2021 AND ENGLISH TRANSLATION OF THE SAME Exhibit P6 REGISTERED LETTER FROM THE PETITIONER TO 3RD RESPONDENT DATED 01.09.2021 Exhibit P7 LETTER FROM 3RD RESPONDENT TO THE PETITIONER DEMANDING 24, 913 RUPEES TO RELOCATE ELECTRIC POST DATED 13.10.2021 Exhibit9 ORDER OF THE 1ST RESPONDENT DATED 30/01/2022 AND ENGLISH TRANSLATION OF THE SAME Exhibit P8 LETTER FROM SRI. ROBY TO 4TH RESPONDENT DATED 11.10.2021 Exhibit P9 ORDER OF THE 5TH RESPONDENT DATED 30/01/2022