Mohandas.C vs The Kerala State Electricity ...
2021 Latest Caselaw 12715 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 3RD DAY OF JUNE 2021/13TH JYAISHTA, 1943
                     WP(C) NO. 2879 OF 2021


PETITIONER:

         MOHANDAS C., AGED 58 YEARS,
         S/O.CHANDRAN C., SREEMOHANAM,
         PALLATHERY P.O., PALAKKAD DISTRICT 678 007.

         BY ADVS.
         JACOB SEBASTIAN
         SRI.K.V.WINSTON
         SMT.ANU JACOB


RESPONDENTS:

    1    THE KERALA STATE ELECTRICITY
         BOARD (KSEB) LTD., VAIDYUTHI BHAVAN,
         PATTOM, THIRUVANANTHAPURAM 695 004,
         REPRESENTED BY ITS SECRETARY.

    2    KERALA STATE ELECTRICITY LICENSING BOARD,
         HOUSING BOARD BUILDINGS, SANTHI NAGAR,
         THIRUVANANTHAPURAM 695 001
         REPRESENTED BY ITS SECRETARY.

    3    THE CHIEF ELECTRICAL INSPECTOR,
         KERALA STATE ELECTRICITY LICENSING BOARD,
         HOUSING BOARD BUILDINGS, SANTHI NAGAR,
         THIRUVANANTHAPURAM 695 001.

         BY ADV SRI.N.SATHEESH

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 03.06.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.2879/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 3rd day of June, 2021

The petitioner desires to do business as an

Electrical Contractor. He therefore submitted an application for

Electricity Worker Permit, as per Ext.P1. A licence issued by

the 2nd respondent is absolutely essential for the petitioner to

work as an Electrical Contractor. But, the 2 nd respondent has

not considered the application submitted by the petitioner so

far.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel for respondents 1 to 3.

3. As per Regulation 29 of Central Electricity Authority

(Measures Related to Safety and Electric Supply) Regulations,

2020 'No electrical installation work, including additions,

alterations, repairs and adjustments to existing installations,

except such replacement of lamps, fans, fuses, switches, low WP(C) No.2879/2021

voltage domestic appliances and fittings as in no way alters its

capacity or character, shall be carried out upon the premises

of or on behalf of any consumer, supplier, owner or occupier

for the purpose of supply to such consumer, supplier, owner

or occupier except by an electrical contractor licensed in this

behalf by the State Government and under the direct

supervision of a person holding a certificate of competency

and by a person holding a permit issuing or recognised by the

State Government'. To fulfill this obligation, the Kerala

Government have framed Kerala State Electricity Licensing

Board Rules by notification and have constituted the 2nd

respondent-Board.

4. Therefore, Ext.P1 application for Electricity Worker

Permit submitted by the petitioner is of a statutory nature. The

2nd respondent is therefore bound to consider the application

in accordance with law within a reasonable time.

In the circumstances, the writ petition is disposed of

directing the 2nd respondent to consider Ext.P1 application, if

the application is complete in all respect and is supported by WP(C) No.2879/2021

payment of fee, if any prescribed, and take a decision on the

application within a period of eight weeks.

Sd/-

N. NAGARESH, JUDGE

aks/07.06.2021 WP(C) No.2879/2021

APPENDIX OF WP(C) 2879/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPLICATION FOR LICENSE SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 6.10.2020

EXHIBIT P2 A TRUE COPY OF CIRCULAR DATED 8.11.1999 ISSUED BY THE 1ST RESPONDENT.

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