Kerala High Court
John Britto vs The District Collector on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16230 OF 2024
PETITIONER
JOHN BRITTO
AGED 42 YEARS
S/O ARUL DAS, JASMIN BHAVAN,
DESEEYAM KUNJITHANNY. P. O,
IDUKKI DISTRICT, PIN - 685565
BY ADVS.
N.K.SHYJU
GIREESH PANKAJAKSHAN
VISHNU MOHAN
SAHLA NECHIYIL
ATHIRA PADMENDHU
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, PAINAVU,
IDUKKI DISTRICT., PIN - 685502
2 REVENUE DIVISIONAL OFFICER
DEVIKULAM, IDUKKI DISTRICT,
PIN - 685613
3 THE TAHSILDAR,
TALUK OFFICE, DEVIKULAM,
IDUKKI DISTRICT, PIN - 685613
4 VILLAGE OFFICER
BYSONVALLY VILLAGE, POTTANKAD,
IDUKKI DISTRICT, PIN - 685655
5 THE DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL CIRCLE OFFICE, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685581
WP(C) No.16230 of 2024
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6 THE ASSISTANT ENGINEER
ELECTRICAL SECTION, KERALA STATE ELECTRICITY
BOARD LTD, CHITHIRAPURAM,
IDUKKI DISTRICT, PIN - 685565
SRI. AJITH VISWANATHAN-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16230 of 2024
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JUDGMENT
Dated this the 23rd day of April, 2024 The writ petition is filed by the petitioner seeking to direct respondents 5 and 6 for LT4A three phase electricity connection with a connected load of 6000 Watt for the purpose of his small scale, Engineering works units attached to his house.
2. The grievance of the petitioner is that the application is not either being accepted or not considered by the 6th respondent-Assistant Engineer, Kerala State Electricity Board for the reason that No Objection Certificate from the Revenue Department has not been produced by him.
3. In W.P.(C) Nos.10832 of 2017 and 16301 of 2023, this Court has already held that the 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 rights of the WP(C) No.16230 of 2024 4 Revenue to initiate appropriate steps in accordance with law.
4. I am inclined to follow the directions in the earlier judgments.
Accordingly, the writ petition is disposed of directing the 6th respondent-Assistant Engineer 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. However, it is clarified that this would be without prejudice to the rights 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 hmh WP(C) No.16230 of 2024 5 APPENDIX OF WP(C) 16230/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE UDYOG ADHAR MEMORANDUM, DOWNLOADED FROM DEVIKULAM, DATED NIL Exhibit P2 A TRUE COPY OF THE LETTER BY THE ASSISTANT DISTRICT INDUSTRIAL OFFICER DEVIKULAM TALUK, TO THE 6TH RESPONDENT DATED 5.04.2024 Exhibit P3 A TRUE COPY OF THE COMPLETION CERTIFICATE OF ELECTRICAL INSTALLATION DATED NIL Exhibit P4 A TRUE COPY OF THE APPLICATION FORM FOR LT 4A CONNECTION, SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED NIL.
Exhibit P5 A TRUE COPY OF THE REJECTION LETTER BY
THE OFFICE OF THE 6TH RESPONDENT
ASSISTANT ENGINEER, KSEB,
CHITHIRAPURAM, DATED 15.04.2024 Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 24.03.2023 IN WP(C) NO. 26018 OF 2016, THIS HONOURABLE COURT Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 12.12.2018 IN WP (C) NO. 10832/2017 OF THIS HON'BLE COURT Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 7.09.2023 IN WP(C) NO.29138/2023 OF THIS HON'BLE COURT Exhibit P9 A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 37750/2022 DATED 25.11.2022 OF THIS HON'BLE COURT Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 07.09.2023 IN WRIT PETITION (C). NO. 29009/2023 OF THIS HON'BLE COURT