Kerala High Court
Shaji Abraham vs District Collector , Idukki on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024/22ND CHAITHRA, 1946
WP(C) NO. 15218 OF 2024
PETITIONER:
SHAJI ABRAHAM,
AGED 59 YEARS,
S/O.ABRAHAM,
MEKUNNEL HOUSE KOTHAMANGALAM VILLAGE,
KOTHAMANGALAM TALUK,
KUTHUKUZHI P.O.,
PIN - 686691
BY ADVS.
SAJI MATHEW
SABU JOSEPH
DEEPU ANIL
RESPONDENTS:
1 DISTRICT COLLECTOR,
IDUKKI
COLLECTORATE, PAINAVU,
IDUKKI, PIN - 685502
2 REVENUE DIVISIONAL OFFICER,
DEVIKULAM
DEVIKULAM IDUKKI DISTRICT, PIN - 685613
3 TAHSILDAR,
TALUK OFFICE,
DEVIKULAM TALUK DEVIKULAM,
IDUKKI DISTRICT, PIN - 685613
4 VILLAGE OFFICER,
PALLIVASAL VILLAGE,
PALLIVASAL,
IDUKKI DISTRICT, PIN - 685613
5 THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL CIRCLE OFFICE,
THODUPUZHA,
IDUKKI DISTRICT, PIN - 685581
W.P.(C) No.15218/2024
:2:
6 THE ASSISTANT ENGINEER,
ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD LIMITED,
CHITHIRAPURAM,
IDUKKI DISTRICT,
PIN - 685561
BY ADVS.
SRI.NIRMAL S.,
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.15218/2024
:3:
JUDGMENT
Dated this the 11th day of April, 2024 The writ petition is filed by the petitioner seeking to direct respondents 5 and 6 to accept and consider the application of the petitioner, mentioned in Ext.P4, for enhancement of electric connection in Consumer Nos.1156159009911 and 1156156006639 to 3 phase electric connection, without insisting No Objection Certificate from the Revenue Authorities.
2. The grievance of the petitioner is that the application is neither being accepted nor being considered by the Kerala State Electricity Board for the reason that No Objection Certificate from the Revenue Department has not been produced by him.
3. I have heard the learned counsel for the petitioner and the learned counsel Sri.S.Nirmal appears for the Electricity Board.
4. In W.P.(C) Nos.10832 of 2017, 29138 of 2023 and 35223 of 2023, this Court has already held that the W.P.(C) No.15218/2024 :4: Board is not entitled to raise such an objection and that they are bound to accept and consider the application, without insisting for No Objection Certificate. However, the same will not affect the right of the Revenue to initiate appropriate steps in accordance with law.
I am inclined to follow the directions in the earlier judgments. Accordingly, the writ petition is disposed of directing respondents 5 and 6 to accept the application of the petitioner, if not already accepted, consider the same and take appropriate action thereon, without insisting for No Objection Certificate from the Revenue Department. However, it is clarified that this would be without prejudice to the right of the Revenue Authorities to initiate appropriate steps and also that this judgment will not vest any right on the petitioner over the property or the building.
Sd/-
N. NAGARESH JUDGE SR W.P.(C) No.15218/2024 :5: APPENDIX OF WP(C) 15218/2024 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE BUILDING TAX RECEIPT NO.1230303115 /G060105 DATED 29.02.24 ISSUED BY THE PALLIVASAL GRAMA PANCHAYAT IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE NO.A3-1269/12 DATED 11/4/2012 WITH RESPECT TO BUILDING NO.V/81 Exhibit P 3 TRUE COPY OF THE OWNERSHIP CERTIFICATE NO.A3-1269/12 DATED 11/4/2012 WITH RESPECT TO BUILDING NO.V/82A Exhibit P4 TRUE COPY OF REPLY NO.DB.30/23- 24/142/AE/ES/CPM DATED 13.11.2023, ISSUED BY THE RESPONDENT NO.6 TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON`BLE COURT IN W.P( C ) NO.10832/2017 DATED 12.12.2018 Exhibit P6 A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON`BLE COURT IN W.P ( C ) NO.29138/2017 DATED 7.09.2023 Exhibit P7 A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON`BLE COURT IN WP (C) NO.35223/ 2023 DATED 06.11.2023.