Kerala High Court
Indus Towers Limited vs Kseb on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 1729 OF 2011
PETITIONERS:
INDUS TOWERS LIMITED (INFRASTRUCTURE SERVICE PROVIDER
OF BHARTI AIRTEL LIMITED), VODAFONE CELLULAR LIMITED
(FORMERLY KNOWN AS HUTCHISON ESSAR CELLULAR LTD.), 8TH
FLOOR, VANKARATH TOWERS, NH BYPASS, PALARIVATTOM,
KOCHI-24, REPRESENTED BY ITS DEPUTY GENERAL MANAGER,
PREMAKRISHNAN NAIR M N
BY ADV SRI.P.SATHISAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, BOARD SECRETARIAT,
VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM.
2 THE SECRETARY,
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,
PATTOM, TRIVANDRUM-695 004.
BY ADVS.
SRI.RAJU JOSEPH (SR.)
SRI.P.P.THAJUDEEN, SC, K.S.E.B
SRI.K.T.PAULOSE, SC, KSEB
SRI.JOSEPH ANTONY, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 1729 OF 2011 ..2..
JUDGMENT
The petitioner telecom company, a passive
telecommunication infrastructure service provider, has
approached this Court challenging the condition of
production of copy of registered lease agreement with the
land owner in the case of leased land, imposed by the
Kerala State Electricity Board (KSEB) for grant of service
connection under LT-VII(A) Tariff to Land based Cellular
Mobile Towers as violative of Clause 14 of the Kerala State
Electricity Board Terms and Conditions of Supply, 2005
(KSEB Terms and Conditions of Supply, 2005).
2. The mobile telecommunication towers are operated
through service connection provided by the Distribution
licensee, the KSEB. The KSEB was providing temporary
connections under Low Tension - III Tariff (LT-III Tariff) to
Cellular Mobile Towers on provisional basis, subject to
production of necessary clearances from the Local Self
WP(C) 1729 OF 2011 ..3..
Government Institutions (LSGI) and the Electrical
Inspectorate. While so, the KSEB moved the Kerala State
Electricity Regulatory Commission (Regulatory
Commission) 'to fix the Tariff for the Cellular Mobile Towers
that do not produce the necessary clearance from the LSGI
and other departments'. The Regulatory Commission, by
Ext.P2 order in T.P.No.67/2009 dated 07.01.2010, ordered
that the Tariff applicable shall be LT VII(A) Commercial and
not LT-III and the service connection shall be disconnected
after giving notice, if the clearances are not produced
within 3 months. The operative portion of Ext. P2 order
reads as follows:
"(1) Hence all future connections of Cellular Mobile
Towers shall be effected only on permanent basis
after complying with all the formalities required,
such as application for supply, completion and test
report of installation, submission of required
clearances and service connection agreement. The
tariff applicable shall be LT VII A Commercial.
(2) In the case of connections to Cellular Mobile
Towers that have been already effected on a
temporary basis in the past, and continue as
WP(C) 1729 OF 2011 ..4..
temporary service since the clearances have not
been produced even after six months, service with all
restrictions applicable for temporary connection in
Terms and Conditions of Supply can be allowed to
continued for a period of three months from the date
of this order within which period they will have to
obtain all the stipulated clearances. The tariff
applicable shall be LT VII (A) and not LT III. The
service connection shall be disconnected after giving
notice if the clearances are not produced within 3
months."
(emphasis supplied)
3. The BSNL and other Cellular Mobile Service
Providers filed Review Petitions against Ext.P2 order of the
Regulatory Commission and the Regulatory Commission, by
Ext.P4 order dated 31.08.2010, reiterated that the Tariff
applicable shall be LT VII(A) Commercial and directed the
KSEB to permit continuation of temporary connections for a
further period of three months with all restrictions
applicable for temporary connections as per the KSEB
Terms and Conditions of Supply,2005. It was clarified that
within the said period, the service providers have to comply
with Clause 14(9)(C) of the Terms and Conditions of Supply,
WP(C) 1729 OF 2011 ..5..
2005, as applicable to regular connections. It was further
ordered that the service connection shall be disconnected
after giving notice, if there is failure to produce records of
deemed permit/deemed use certificate as per the Kerala
Municipality Building Rules, 1999 (KMBR, for short) within
the period of the above said three months. The operative
portion of Ext. P4 order reads as follows:
"6. Commission's decision
(1) The tariff applicable for Cellular Mobile Towers
shall be LT VII (A)
(2) Electricity Connections shall be extended to
Cellular Mobile Towers as per KSEB Terms and
Conditions of Supply, 2005 on production of records
of building permit or NOC from local authority or
proof of deemed permit as per proviso to Rule 143 of
KMBR 1999 or use certificate / building number or
proof of deemed use certificate as per proviso to Rule
142(2) of Kerala Municipality Building Rules, 1999.
KSEB shall verify the documents submitted and can if
WP(C) 1729 OF 2011 ..6..
they deem it necessary insist on a bond to be
executed by Cellular Mobile Tower operators
indemnifying KSEB from liabilities for paying
compensation for any damages caused to any person
as a result of the electricity connections extended by
KSEB on the basis of the deemed permit/deemed use
certificate. In the case of connections to Cellular
Mobile Towers that have already been given
temporary connections in the past, and continue as
temporary service since the clearances have not been
produced even after six months, service with all
restrictions applicable for temporary connections as
per KSEB Terms and Conditions of Supply, 2005 shall
be allowed to be continued for a period of three
months from the date of this order within which
period they will have to comply with clause 14((9)(c)
of the Terms and Conditions of Supply 2005 as
applicable to regular connections specified in para
6(2) above. The service connection shall be
disconnected after giving notice if records of deemed
permit / deemed use certificate as per Kerala
Municipality Building Rules, 1999 are not produced
within a period of three months from the date of this
order. The KSEB should accept the deemed permit or
certificate and provide the connection. If amendment
in the Terms and Conditions of Supply is required to
WP(C) 1729 OF 2011 ..7..
provide for deemed permits or certificates, action
should initiated forthwith".
(emphasis supplied)
4. The KSEB issued Ext.P5 order dated 14.10.2010
stated to be in implementation of Ext.P4 order regarding
Tariff applicable to Cellular Mobile Towers. Clause (1) of
Ext.P5 deals with Land based Cellular Mobile Towers and
Clause (2) deals with Terrace based Cellular Mobile Towers.
The relevant portion of Ext.P5 is extracted below:
"1. The field officers shall provide only permanent service
connections under LT-VII A tariff to Land based Cellular
Mobile Towers, on production of the following
documents.
i. Documents to prove ownership of land from
Revenue Authorities or copy of the Registered
lease agreement with the land owner in the
case of leased land.
ii. Necessary clearances from Electrical
Inspectorate."
WP(C) 1729 OF 2011 ..8..
iii. Necessary clearances from local bodies such
as the building permit or NOC from local
authority or use certificate / building number or
proof of deemed permit as per proviso to Rule
143 of Kerala Municipality Building Rules 1999
or proof of deemed use certificate as per
proviso to Rule 142(2) of Kerala Municipality
Building Rules 1999.In cases where deemed
permit or deemed use certificate as per KMBR
is produced by consumers, the field officers
shall verify the acknowledgement on the
application with the completion certificate in
Form E and Form F and certificate of structural
safety/stability of tower and building they have
submitted to the Secretary issued by the local
bodies to ensure the genuineness of the
deemed permit status and also on production of
the duly attested copies of those documents for
office records. Also the field officers shall insist
a Notarised undertaking on Kerala stamp paper
worth Rs.100/- by the Cellular Mobile Tower
operators and indemnifying KSEB from
liabilities for paying compensation for any
damages caused to any person as a result of the
electricity connections extended by KSEB on
the basis of deemed permit / deemed use
WP(C) 1729 OF 2011 ..9..
certificate.
2. The field officers shall provide only
permanent service connections under LT-VII A tariff to
Terrace based Cellular Mobile Towers on production of the
following documents
i. Consent letter obtained from the owner of
the building, where the installation is
intended to be provided.
ii. Necessary clearance from Electrical
Inspectorate."
iii. Necessary clearances from local bodies
such as the building permit or NOC from
local authority or use certificate or proof of
deemed permit as per proviso to Rule 143 of
Kerala Municipality Building Rules 1999 or
proof of deemed use certificate as per proviso
to Rule 142(2) of Kerala Municipality
Building Rules 1999. In cases where deemed
permit or deemed use certificate as per
KMBR is produced by consumers, same
procedures as that for land based towers as
explained in (1) above shall be followed.
3. The field officers shall issue notices to the existing
cellular mobile tower consumers who have not provided
with the statutory documents as explained in (1) or (2)
WP(C) 1729 OF 2011 ..10..
above to submit them before 30.11.2010 failing which the
supply shall be disconnected."
(emphasis supplied)
5. The petitioner is challenging Clause(1)(i) of Ext.P5
to the extent it imposes the condition, viz., production of
"documents to prove ownership of land from Revenue
Authorities or copy of the registered lease agreement with
the land owner in the case of leased land" for granting or
continuing service connections by KSEB to Land based
Cellular mobile telecommunication towers.
6. Heard Sri.P.Sathisan, the learned counsel for the
petitioner and Sri. Joseph Antony, the learned standing
counsel for the respondents.
7. According to the petitioner, the condition in Clause
(1)(i) of Ext.P5, requiring production of "documents to
prove ownership of land from Revenue Authorities or copy
of the registered lease agreement with the land owner in
WP(C) 1729 OF 2011 ..11..
the case of leased land" for grant of service connection
under LT-VII(A) Tariff to Cellular Mobile Towers, is in
violation of Clause 14(4) of the KSEB Terms and Conditions
of Supply, 2005 and the said condition is liable to be
quashed. The Counsel for the petitioner submits that the
conditions in Clause (1)(i), particularly, the condition
regarding production of copy of the registered lease
agreement with the land owner in the case of leased land
causes extreme injustice and hardships to the petitioner
since as per the provisions of the Registration Act, lease of
immovable property for which the term of lease is more
than one year alone need be registered compulsorily and
the petitioner usually makes lease arrangements on yearly
basis or uses the premises on the basis of license. The
Standing Counsel for the respondents, on the other hand,
contends that the issue involved in Exts. P2 and P4 is
regarding fixation of the Tariff for the Cellular Mobile
WP(C) 1729 OF 2011 ..12..
Towers and the KSEB has, in Ext. P5, only accorded
sanction to implement Exts.P2 and P4 orders of the
Regulatory Commission and that Ext.P5 is not inconsistent
with Ext.P4 issued by the Regulatory Commission.
8. Section 43(1) of the Electricity Act (Act) reads as
follows:
'43. Duty to supply on request.-- (1) Save as
otherwise provided in this Act, every distribution
licensee, shall, on an application by the owner or
occupier of any premises, give supply of electricity
to such premises, within one month after receipt of
the application requiring such supply.'
9.Regulation 5 of the Kerala Electricity Supply Code,
2005 deals with application for supply of electricity and
Regulation 5(2) provides that the application shall be
accompanied by all necessary documents as required by the
Licensee, the KSEB, as per the approved terms and
conditions of supply of the Licensee. The KSEB Terms and
WP(C) 1729 OF 2011 ..13..
Conditions of Supply, 2005 inter alia detailing out the
application form for supply of electricity, format of no-
objection certificate was approved by Regulatory
Commission with effect from 01.02.2006. Clause 1(aq) of
the KSEB Terms and Conditions of Supply, 2005 framed
with the approval of the Regulatory Commission under
Regulation 30 of the Kerala Electricity Supply Code, 2005
defines an 'applicant' to mean owner or lawful occupier of
premises desirous of getting service connection. Clause
1(m) defines a 'Consumer' to mean any person or persons
authorized by him in writing who is supplied with electricity
for his own use by the Board. Clause 3 deals with
application for supply of energy and provides that the
owner or occupier with the consent of owner of any
premises requiring supply of electricity may apply to the
Assistant Engineer of the Electrical Section Office
concerned with prescribed fee and the application shall be
WP(C) 1729 OF 2011 ..14..
accompanied by all necessary documents including the
agreements, completion reports, etc. as specified in Clause
14. Clause 14 of the KSEB Terms and Conditions of Supply,
2005 deals with records to accompany the application for
service connection and reads as follows:
"14. Records to accompany the Application
for Service Connection:
After completing the wiring satisfactorily, the
following records should be forwarded to the
Assistant Engineer's Office.
(1) Completion Report of the Consumer's installation
in Form No.3.
(2) Test Report of the consumer's installation of the
wiring contractor (Form No.3).
(3) A neat sketch of the premises showing the
position of all lamps and other fittings
(4) If the intending consumer is not the owner
of the premises to be electrified, he shall
furnish a consent agreement in Form No.4 from
the owner of the premises. If he is unable to
produce the consent agreement from the owner
of the building, the service connection can be
effected if the applicant executes an Indemnity
WP(C) 1729 OF 2011 ..15..
Bond in Form No.5. A special deposit equal to the
amount of Security Deposit is also payable whenever
service connection is effected to the occupier/tenant
and not the owner. Service connection to
occupier/tenant is subject to the following further
conditions:
(a) As the occupier/tenant of the said premises, the
consumer shall give seven clear days' notice in
writing to the Assistant Engineer/Asst. Executive
Engineer whenever he intends to vacate the
premises and also apply for disconnection of his
service thereof.
(b) This agreement shall cease to be in force and be
deemed to be determined on the date of full
payment of all outstanding dues to the Board on
account of this service. In cases where the occupant
desires reconnection, for which he is unable to get
consent in writing from the owner of the building the
occupant may be given reconnection to the
installation of the owner existing in the building, on
the condition that the occupant agrees to abide by
the "Kerala State Electricity Board Terms and
Conditions of Supply 2005 ", other relevant Act and
Rules and also remits the entire arrears of current
charges or other dues along with a special cash
deposit as fixed by the Asst.Engineer/Asst. Executive
WP(C) 1729 OF 2011 ..16..
Engineer subject to a minimum Rs.500/- by way of
security to compensate the loss or damage, if any,
caused to the installation in the building. This
deposit shall be refunded as and when the occupant
desires to disconnect the supply or vacate the
building, after adjusting the quantum of
compensation for the loss/damage caused as fixed by
the Asst. Engineer/Asst. Executive Engineer.
(c) In the absence of any such intimation or notice
from the occupier/tenant as envisaged in sub
clause(a) above, the Board shall be at liberty to
terminate the service connection to the premises, by
sending a registered notice, and to proceed to enter
into a new agreement with a subsequent occupant
for fresh service.
(5) Where the power line, underground cable or
weatherproof wire to give connection to a consumer
has necessarily to cross over or go under another
property, the consumer shall furnish an agreement in
Form No.5. Such consumer shall also deposit the
following amount in addition to the Security Deposit:
(a) L.T. Consumer An amount equal to Security
Deposit
(b) H.T. Consumer Rs. 5,000/-
(c) E.H.T. Consumer Rs.15,000/-
The above amount shall be liable for revision from
WP(C) 1729 OF 2011 ..17..
time to time by the Board with the approval of the
Commission. If an order of the District Collector is
necessary to draw the line, underground cable or
weatherproof wire through the property, further
steps to give connection shall be taken only after
obtaining the order. The Board will in no way be
responsible for the delay thus caused unless the
consumer produces the consent in writing of the
owner or the person in possession of the property to
be crossed over and the concerned Asst.
Engineer/Asst. Executive Engineer is satisfied that
the power line, underground cable or weatherproof
wire could be drawn without risk to the Board. The
amount of security deposit need be collected only
once from each consumer even if different properties
belonging to different owners are to be crossed over.
But separate Indemnity Bond shall be obtained from
the consumer for each and every property to be
crossed over.
(6) If the supply is for pump sets, the applicant
should produce a 'No Objection Certificate' from the
State Government or other competent authority for
pumping water from the State owned rivers, canals,
ponds etc. if the pump set is installed in them.
(7) Service connections to the premises situated in
Puramboke land shall be provided, if the premises
WP(C) 1729 OF 2011 ..18..
has a building number allotted by the local body
(Panchayat /Municipality / Corporation) subject to
the condition that the consumer shall pay the
minimum charges for the required period, even if the
service is disconnected/dismantled before the expiry
of that period for reasons beyond the control of the
Board.
(8) On receipt of the above relevant records in
complete shape and also the order of the District
Collector, where necessary, the Board's officers will
prepare an estimate for giving service connection to
the installations after inspecting the premises. The
consumer shall then be directed by the Asst.
Engineer/Asst. Executive Engineer to execute the
service connection agreement in Form No.7.
(9) (a) Service connection to the building constructed
for bonafide domestic purpose shall be given based
on the approved plan / permit issued by local body
(Corporation/ Municipality/ Panchayat, as the case
may be). Connection can also be given for
construction purpose based on approved
plan/permit. For all other cases, the building number
allotted by the local body must be insisted.
Independent service connections shall also be given
to the different floors of the building for domestic
purpose if so desired by the consumer, only if
WP(C) 1729 OF 2011 ..19..
separate entrance from outside and separate wiring
is provided for each floor.
(b) Electric Connection to amplifier or cable system
in KIOSKS installed by CTV operators shall be
effected without insisting building/structure number
assigned by Local body provided the applicant
produces.
(i) Consent from PWD/National Highway/Revenue
Authority or any other authority in whose property
the KIOSK is installed
(ii) Consent from the private property owner in case
the KIOSK is installed in private property.
(c) Electric connection to tower sites of Cellular
operators who set up their installation on the terrace
space of buildings shall be effected without insisting
for separate building number assigned by local
authority subject to the following conditions: -
(i) They shall produce consent letter from the owner
of the building, where the installation is intended to
be provided.
(ii) They shall produce necessary proof of having
obtained the required clearances from the
authorities concerned.
(emphasis supplied)
WP(C) 1729 OF 2011 ..20..
10. Under the Act and the provisions of the KSEB
Terms and Conditions of Supply, 2005, the application for
supply of electrical energy has to be made by the owner or
occupier of any premises. Clause (ac) defines 'occupier' to
mean the owner or person who is in lawful occupation of
the premises where the energy is used or proposed to be
used. 'Premises' as defined under Clause(ae) includes any
land, building or structure. Clause 14(4) of the KSEB Terms
and Conditions of Supply, 2005 provides that, if the
intending consumer is not the owner of the premises to be
electrified, he shall furnish a consent agreement in Form
No.4 from the owner of the premises. This document is
insisted to ensure that the person making the application
for supply of energy is the occupier of the premises where
the energy is proposed to be used. A person who is issued
with a consent by the owner to use the premises, is, no
doubt, in lawful occupation of the premises. It is a proof of
WP(C) 1729 OF 2011 ..21..
legal occupancy of the applicant over the premises for
which new connection is sought. If he is unable to produce
the consent agreement from the owner of the building, the
service connection can be effected, if the applicant executes
an Indemnity Bond in Form No.5. The relevant portion of
the Indemnity Bond in Form No.5 is extracted below.
"I..........................................being the occupier of
the building bearing Door No........................
of................................Panchayath/ Municipality/
Corporation) situated in the property comprised in
Survey No................ of ............................
Village...........................Taluk owned by
Sri...................................................... under lease/
licence/ permission do hereby execute this bond of
indemnity promising to compensate the loss if any
caused to the Kerala State Electricity Board on
giving electric connection to the above premises as I
could not procure necessary consent for the same
from the owner of the premises."
(emphasis supplied)
11. Going by the terms of the Indemnity Bond in Form
WP(C) 1729 OF 2011 ..22..
No.5 of the KSEB Terms and Conditions of Supply, 2005,
such Indemnity Bond is to be furnished by the occupier, a
person who is in lawful occupation of the premises, who for
some reason is unable to produce the consent agreement
from the owner. It is also apposite to refer to Form No.1
appended to the KSEB Terms and Conditions of Supply,
2005, which is the application in the appropriate form for
supply of electricity under Section 43(1) of the Electricity
Act, 2003. Serial No.5 thereof reads as follows:
"5. I/We am/are the owner/owners of the
premises/tenants in lawful occupation of the
premises in respect of which this requisition is
made in support of which documentary proof is
enclosed with this application. (Documentary proof
may be in the form of latest rent receipt or
agreement or consent or lease in force)".
(emphasis supplied)
12. Therefore, only the owner or a person, who is in
WP(C) 1729 OF 2011 ..23..
lawful occupation of the premises, can apply for supply of
energy to the premises. He has to produce documentary
proof to show that he is the owner or occupier of the
premises desirous of getting electric service connection. If
he is not the owner of the premises, he has to produce proof
of his lawful occupation of the premises. Clause 14(4) of the
KSEB Terms and Conditions of Supply, 2005 provides for
documents to be produced for proof of his lawful occupation
of the premises, which includes consent agreement in the
appropriate form from the owner of the premises or an
Indemnity Bond in Form No.5.
13. Clause(1)(i) of Ext.P5 issued by the KSEB in
purported compliance of Ext.P4 order of the Regulatory
Commission insists for production of "documents to prove
ownership of land from Revenue Authorities or copy of the
registered lease agreement with the land owner in the case
of leased land" for grant of permanent service connection
WP(C) 1729 OF 2011 ..24..
under LT-VII(A) Tariff to Land based Cellular Mobile Towers.
It takes in only certain category of occupiers and not all
category of persons in lawful occupation of premises
referred to in Clause 14(4) of the KSEB Terms and
Conditions of Supply, 2005. When Clause 14(4) of the KSEB
Terms and Conditions of Supply, 2005 permits documents
such as consent agreement or an Indemnity Bond in the
prescribed form to be produced as proof of one's lawful
occupation of the premises, the KSEB cannot deny grant of
service connection to intending consumers who are not the
owners of the premises, but occupiers willing to produce
the consent agreement or an indemnity bond specified in
Clause 14(4) of the KSEB Terms and Conditions of Supply,
2005. By insisting on the aforesaid condition in Ext.P5, the
KSEB has made clause 14(4) of the KSEB Terms and
Conditions of Supply redundant. The condition in Clause (1)
(i) of Ext.P5 requiring production of "documents to prove
WP(C) 1729 OF 2011 ..25..
ownership of land from Revenue Authorities or copy of the
registered lease agreement with the land owner in the case
of leased land" for grant of service connection under LT-VII
(A) Tariff to Land based Cellular Mobile Towers has
therefore to be read down to be in consonance with the
KSEB Terms and Conditions of Supply, 2005.
14. In this context, it will be useful to refer to Rule 141
of KMBR which deals with submission of application for
permit to erect telecommunication tower. Note (1) to Sub-
Rule (1) of Rule 142 provides for documents to prove
ownership which include 'consent documents'. When
consent letter is an acceptable document for the purpose of
permit to erect a telecommunication tower, there is no
plausible reason to insist for ownership document or
registered lease agreement alone for the purpose of
supplying energy to the said tower erected on the basis of
building permit/deemed permit.
WP(C) 1729 OF 2011 ..26..
15. It is stated in Ext.P5 that the said order is issued in
implementation of Ext.P4 order. Exts.P2 and P4 are orders
regarding 'Tariff applicable to Cellular Mobile Tower
connections that do not produce necessary clearance from
LSGI and the departments'. Ext.P4 only directed the KSEB
to extent electricity connection to Cellular Mobile Towers as
per the KSEB Terms and Conditions of Supply, 2005 and the
KMBR. The condition in Clause (1)(i) of Ext.P5 order to the
extent it is not in consonance with the provisions of Clause
14 (4) of the KSEB Terms and Conditions of Supply, 2005
issued under Kerala Electricity Supply Code, 2005 is liable
to be struck down and I do so.
16. This writ petition has been pending before this
Court for the last more than 10 years. During the pendency
of this writ petition, the Kerala State Electricity Regulatory
Commission in exercise of its powers conferred by Section
50 read with Section 181 of the Electricity Act, 2003 has
WP(C) 1729 OF 2011 ..27..
made the Kerala Electricity Supply Code, 2014 repealing
the Kerala Electricity Supply Code, 2005 and the KSEB
Terms and Conditions of Supply, 2005 issued thereunder.
The Kerala Electricity Supply Code, 2014 has come into
force with effect from the first day of April, 2014.
Regulation 75 of the Kerala Electricity Supply Code, 2014
deals with submission of application for new service
connection and documents to accompany the application,
for various categories, including telecom tower. Regulation
178 of the Kerala Electricity Supply Code, 2014 deals with
Repeal and Savings and reads thus:
"Repeal and savings.- (1) Save as otherwise
provided in this Code, the following
regulations issued by the Commission are
hereby repealed:-
i. Kerala Electricity Supply Code, 2005, and the
terms and conditions of supply issued there under;
ii. Kerala Electricity (Procedure for Filing Appeal
before the Appellate Authority) Regulations, 2005.
(2) Notwithstanding such repeal, anything done
or action taken or purported to have been taken, or
proceedings initiated under such repealed
regulations, shall be deemed to have been taken
WP(C) 1729 OF 2011 ..28..
under this Code to the extent that same were not
inconsistent with the Act.
(emphasis supplied)
In the light of the discussions made in the foregoing
paragraphs and the provisions of law quoted above, I hold
that, Clause 14 of the KSEB Terms and Conditions of
Supply, 2005 will govern the documents to be produced or
to accompany the application for permanent service
connections under LT VII A Tariff for Land Based Cellular
Mobile Towers made prior to 01.04.2014.
The writ petition is allowed as above. There will be no
order as to costs.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
WP(C) 1729 OF 2011 ..29..
APPENDIX OF WP(C) 1729/2011
PETITIONER's EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COPY OF LICENSE ISSUED BY CENTRAL
GOVT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 07-01-2010 OF KERALA
STATE ELECTRICITY REGULATORY COMMISSION
EXHIBIT P3 TRUE COPY OF THE ORDER IN W.P.(C) NO. 31929/2010
DATED 20-10-2010
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 31-08-2010 OF KERALA
STATE ELECTFICITY REGULATORY COMMISSION.
EXHIBIT P5 TRUE COPY OF BOARD ORDER DTD 14-10-2010
spc/
