Vandrose vs The State Electricity Ombudsman
2021 Latest Caselaw 5011 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                         WP(C).No.15121 OF 2017

PETITIONER/S:

                VANDROSE
                S/O.CHAMY NADAR,
                AGED 75 YEARS,
                PROPRIETOR, KHM DRIVING SCHOOL, PARASSALA,
                RESIDING AT KHM BUILDING, AYINKYAMAM,
                PARASSALA VILLAGE, NEYYATTINKARA TALUK.

                BY ADVS.
                SRI.G.SUDHEER
                SMT.N.P.ASHA

RESPONDENT/S:

       1        THE STATE ELECTRICITY OMBUDSMAN
                CHARANGATTU BHAVAN, BUILDING NO.34/895,
                MAMANGALAM-ANCHUMANA ROAD,
                EDAPPALLY,KOCHI-682024.

       2        THE ASSISTANT ENGINEER
                KERALA STATE ELECTRICITY BOARD LTD,
                ELECTRICAL SUB DIVISION, PARASSALA,
                THIRUVANANTHAPURAM-695 502.

       3        K.SURENDRAN
                USHUS, HOSPITAL JUNCTION,PARASSALA PO,
                THIRUVANANTHAPURAM-695 502.

       4        S.USHAKUMARI
                USHUS, HOSPITAL JUNCTION, PARASSALA PO,
                THIRUVANANTHAPURAM-695 502.

                R1-2 BY SRI.N.RAPHY RAJ, SC, KERALA STATE
                ELECTRICITY BOARD LIMITED
                R3-4 BY ADV. SRI.S.BALACHANDRAN (KULASEKHARAM)
                R3-4 BY ADV. SRI.V.R.GOPU

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.02.2021, ALONG WITH WP(C).19160/2017(T), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).No.15121 OF 2017 &
WP(C) No.19160 OF 2017            2


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

   THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                        WP(C).No.19160 OF 2017


PETITIONER/S:

                K.SURENDRAN
                'USHUS', HOSPITAL JUNCTION, PARASSALA,
                THIRUVANANTHAPURAM-695502.

                BY ADVS.
                SRI.S.BALACHANDRAN (KULASEKHARAM)
                SRI.V.R.GOPU

RESPONDENT/S:

       1        STATE OF KERALA
                REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
                POWER (ELECTRICITY) DEPARTMENT,
                GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM-695001.

       2        KERALA STATE ELECTRICITY BOARD LIMITED
                REPRESENTED BY CHAIRMAN AND CHIEF EXECUTIVE
                OFFICER, KERALA STATE ELECTRICITY BOARD LIMITED,
                VYDYUTHI BHAVANAM, PATTOM,
                THIRUVANANTHAPURAM-695004.

       3        CHIEF ENGINEER
                KERALA STATE ELECTRICITY BOARD LIMITED,
                POWER HOUSE ROAD, THIRUVANANTHAPURAM-695036.

       4        CHIEF VIGILANCE OFFICER
                KERALA STATE ELECTRICITY BOARD LIMITED,
                VYDYUTHI BHAVANAM, PATTOM,
                THIRUVANANTHAPURAM-695004.

       5        DEPUTY CHIEF ENGINEER
                ELECTRICAL CIRCLE,
                KERALA STATE ELECTRICITY BOARD LIMITED,
                KATTAKADA, THIRUVANANTHAPURAM-695572.
 WP(C).No.15121 OF 2017 &
WP(C) No.19160 OF 2017         3

       6     ASSISTANT EXECUTIVE ENGINEER
             ELECTRICAL SUB DIVISION,
             KERALA STATE ELECTRICITY BOARD LIMITED,
             PARASSALA, THIRUVANANTHAPURAM-695502.

       7     ASSISTANT ENGINEER
             ELECTRICAL SECTION,
             KERALA STATE ELECTRICITY BOARD LIMITED,
             PARASSALA, THIRUVANANTHAPURAM-695502.

       8     SHRI.VANDROSE
             S/O.LATE CHAMY NADAR,
             KHM BUILDING, AYINKYAMAM,
             PARASSALA VILLAGE, NEYYATTINKARA TALUK,
             PARASSALA P.O., THIRUVANANTHAPURAM-695502.

             R1 BY GOVERNMENT PLEADER
             R8 BY ADV. SRI.G.SUDHEER
             R2-7 BY SRI.N.RAPHY RAJ, SC, KERALA STATE
             ELECTRICITY BOARD LIMITED


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.02.2021, ALONG WITH WP(C).15121/2017(m), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.15121 OF 2017 &
WP(C) No.19160 OF 2017           4


                           JUDGMENT

[ WP(C).15121/2017, WP(C).19160/2017 ]

Dated this the 11th day of February 2021

The petitioner in W.P.(C). No. 15121/2017 (Vandrose) is

the 8th respondent in W.P.(C). No. 19160/2017 filed by one

Surendran. Vandrose has taken certain premises belonging to

Surendran under a deed of license, which is produced as Exhibit

P1 in W.P.(C). No. 15121/2017. It appears that the licensee

(Vandrose) obtained an electric connection in his name to those

premises.

2. Surendran initiated certain proceedings before the

Consumer Grievance Redressal Forum and the State Electricity

Ombudsman against the grant of Electric connection to Vandrose,

in his name. It is not necessary to refer separately the

proceedings before the Consumer Grievance Redressal Forum

and the State Electricity Ombudsman as those orders are not

under challenge in these proceedings and it is common case that

by order of the State Electricity Ombudsman, the electric

connection was directed to be transferred in name of Surendran,

being the owner of the premises in question. Though Vandrose WP(C).No.15121 OF 2017 &

challenged those proceedings through W.P.(C) No. 24489/2016,

this Court held that there is no legal infirmity in the order of the

Ombudsman directing the transfer of the connection in the name

of the owner of the premises and directed as follows:-

"Learned counsel for the petitioner submits that respondents 3 and 4 may seek for dismantling the connection. If at all any such request is made by respondents 3 and 4, the Board shall take action only after issuing notice to the petitioner, in which event, it shall be open for the petitioner to challenge the same in appropriate proceedings. Under such circumstances, I don't think that by virtue of the directions issued, any prejudice is caused to the petitioner. His right to enjoy the property will always be subject to the decision taken by the Civil Court in the matter and any observation made by the Ombudsman shall not affect his interest in this regard."

3. The disputes between Vandrose and Surendran has

resulted in Civil suits being filed, one by the Surendran to evict

Vandrose and the other by Vandrose against Surendran against

forcible disposition. Presently through W.P.(C). No. 15121/2017,

Vandrose has challenged Exhibit P11 letter, issued by the

Assistant Engineer, Electrical Section, Parassala, by which it was

informed that Vandrose will have to 'produce documents to show WP(C).No.15121 OF 2017 &

that he is in the possession of the premise in question under a

valid document failing which, the electric connection will be

disconnected.' The petitioner in W.P (C) No. 19160/2017 on the

other hand, had sought for further action to be taken to

implement Exhibit P5 and the recommendation contained in

Para.6 (a) (b) and (c) of Exhibit P6, within a time limit fixed by

this Court. Exhibits P5 and P6 in W.P (C) No. 19160/2017

related to the irregularities in the grant of the electric connection,

originally in the name of Vandrose.

4. The learned counsel appearing for the Kerala State

Electricity Board would submit that disciplinary proceedings have

already been initiated against the officers who had found to be

involved in granting electric connection in the name of the

licensee, in violation of the rules and that those proceedings are

pending.

5. In so far as the relief sought for in W.P.(C).No.

15121/2017 is concerned, the learned Standing Counsel would

refer to Regulation 146 of the Kerala Electricity Supply Code,

2014, which reads as follows:- "Supply of electricity not to be

disconnected when utilised and paid for by a lawful WP(C).No.15121 OF 2017 &

occupier of the premises:- In case the consumer requests for

disconnection of supply or for dismantling of service, while the

supply is being utilised and paid for by a lawful occupier of the

premises, the supply shall not be disconnected and service shall

not be dismantled", and would submit that as long as the

licensee (Vandrose - the petitioner in W.P.(C). No. 15121/2017)

is in lawful occupation of the premises and continues to pay the

charges for consumption of electricity, the Board cannot in terms

of aforesaid Regulation 146 disconnect electric supply.

Obviously, the question as to whether the petitioner in W.P(C).

No. 15121/2017 can continue to occupy the premises will depend

on the orders to be passed by the Civil Court in pending civil

proceedings between the parties.

6. Therefore, W.P.(C). No. 15121/2017 can be disposed

of, making it clear that subject to any order to be passed by the

civil court in the pending civil proceedings, power supply to the

premises will not be disconnected pending conclusion of the civil

proceedings between the parties. The learned counsel appearing

for the Surendran submits that the licensee is continuing the

occupation of the premises without even paying any amount WP(C).No.15121 OF 2017 &

towards the license fee payable under Exhibit P1 deed of license.

The learned counsel for the licensee would submit that his client

is willing to pay the arrears of license fee if any, provided

sufficient time is granted for the same. It is clear that the

licensee/petitioner in W.P.(C). No. 15121/2017 will be entitled to

the benefit of Regulation 146 of the Kerala Electricity Supply

Code, 2014, only if the arrears of the license fee is paid over to

Surendran within a period of two months from today.

7. In so far as W.P.(C) No. 19160/2017 filed by Surendran

is concerned, in view of the statement in the counter affidavit

filed on behalf of the Kerala State Electricity Board, that action is

being taken against the officials responsible for granting electric

connection to Vandrose in violation of the Rules and that memo

of charges has already been issued to them, no further orders

are required. Needless to say the proceedings shall be finalised

at the earliest and without any further delay.

These Writ Petitions will therefore stand disposed of as

under:-

(i) The undertaking given by Vandrose (the licencee) that he

will pay all arrears of License Fee payable to Surendran is WP(C).No.15121 OF 2017 &

recorded. Vandrose will pay the amounts, as undertaken, within

2 months from today and obtain a receipt. He shall thereafter

produce that receipt before the Assistant Engineer, Electrical

Section, Parassala who shall then treat the same as sufficient

evidence of legal occupation and extend the benefit of

Regulation 146 of the Kerala Electricity Supply Code, 2014 to

Vandrose. It is made clear that Vandrose will also be liable to pay

the Licence fee fixed in terms of the Licence Deed for any period

that he may continue in occupation of the premises failing which

he will not be entitled to the benefit of Regulation 146 of the

Kerala Electricity Supply Code, 2014.

(ii) The proceedings initiated against the officials found

responsible for granting a connection to Vandrose, in violation of

any Rules/instructions shall be finalised at the earliest and

without any further delay.

(iii) It is made clear that this Judgment or any observation

contained herein shall not hinder, in any manner, the

adjudication of the disputes between the parties pending before

the concerned Civil Court. This Judgment should in no manner be

construed as expressing any opinion on the rights of the parties WP(C).No.15121 OF 2017 &

under the Licence Deed and those rights/liabilities shall be

determined by the Civil Court, in accordance with law. Parties will

be bound by any orders passed by the Competent Civil Court.

The Civil Court will be free to adjudicate the issues in those cases

untrammelled by any observation in this judgment.

(iv) The disciplinary authority/enquiry officer before whom

proceedings are stated to be pending against the officers

responsible for granting connection to Vandrose in violation of the

applicable Rules/instruction will also not be bound by any

observation in this judgment and the delinquent officers will be

entitled to take up any defence open to them.

Sd/-

GOPINATH P.

JUDGE

avs WP(C).No.15121 OF 2017 & WP(C) No. 19160 OF 2017

APPENDIX OF WP(C) 15121/2017 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 : TRUE COPY OF THE DEED OF LICENSE DATED 25-2-2012 EXECUTED BY THE PETITIONER AND RESPONDENTS 3 AND 4.

EXHIBIT P2 : TRUE COPY OF THE CONSUMER CARD ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 22-6-2012.

EXHIBIT P3 : TRUE COPY OF THE PLAINT IN OS NO.211/2015 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, NEYYATTINKARA DATED 24-2-2015.

EXHIBIT P4 : TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS 3 AND 4 IN OS NO.211/2015 BEFORE THE MUNSIFF'S COURT, NEYYATTINKARA DATED 26-5-2015.

EXHIBIT P5 : TRUE COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN OS NO.211/2015 BEFORE THE 1ST ADDITIONAL MUNSIFF COURT, NEYYATTINKARA DATED 11-3-2015.

EXHIBIT P6 : TRUE COPY OF STATEMENT FILED BY THE RESPONDENTS 3 AND 4 OP NO.1658/2015 BEFORE THE CHAIR PERSON, CGRF, KOTTARAKARA DATED 9-2-2016.

EXHIBIT P7 : TRUE COPY OF ORDER DATED 14-3-2016 IN OP NO.1658/2015 & 3/2016 PASSED BY THE CONSUMER GRIEVANCE REDRESSAL FORUM (SOTH), KOTTARAKARA.

EXHIBIT P8 : TRUE COPY OF ORDER DATED 13-7-2016 IN APPEAL PETITION NO. P/027/2016 PASSED BY THE STATE ELECTRICITY OMBUDSMAN.

EXHIBIT P9 : TRUE COPY OF THE JUDGMENT IN WPC.NO.24489/2016 DATED 25-7-2016 PASSED BY THIS HONOURABLE COURT.

EXHIBIT P10 : TRUE COPY OF THE PLAINT OS NO.1246/2016 FILED BY THE RESPONDENTS 3 AND 4 BEFORE THE MUNSIFF COURT, NEYYATTINKARA.

EXHIBIT P11 : TRUE COPY OF THE NOTICE NO.AE/ES/PSLA/16- WP(C).No.15121 OF 2017 & WP(C) No. 19160 OF 2017

17 DATED 20-4-2017 BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P12 : TRUE COPY OF THE LAST ELECTRICITY BILL (PAYMENT RECEIPT) ISSUED BY THE KERALA STATE ELECTRICITY BOARD DATED 11-4-2017.

RESPONDENT'S/S EXHIBITS:

NIL

APPENDIX OF WP(C) 19160/2017 PETITIONER'S/S EXHIBITS:

EXHIBIT P1- TRUE COPY OF THE APPLICATION FOR CHANGE OF CONSUMERSHIP DATED 20/08/2015.

EXHIBIT P2- TRUE COPY OF THE ORDER DATED 13/07/2016 OF THE STATE ELECTRICITY OMBUDSMAN.

EXHIBIT P3- TRUE COPY OF THE JUDGMENT DATED 25/07/2016 IN WP(C)NO.24489 OF 2016-I.

EXHIBIT P4- TRUE COPY OF THE COMPLAINT/REPRESENTATION DATED 25/08/2016 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P5- TRUE COPY OF THE ENQUIRY REPORT DATED 29/12/2016.

EXHIBIT P6- TRUE COPY OF THE NOTE AND ORDERS DATED 04/02/2017 ON THE BASIS OF THE REPORT OF THE 4TH RESPONDENT.Q

EXHIBIT P7- TRUE COPY OF THE LETTER DATED 08/02/2017 OF THE SUPERINTENDENT OF POLICE ON BEHALF OF THE 4TH RESPONDENT TO THE 5TH RESPONDENT.

RESPONDENT'S/S EXHIBITS:

NIL

avs //TRUE COPY// P.A TO JUDGE