Kerala High Court
Thomas Jacob vs State Of Kerala on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
1943
WP(C) NO. 28550 OF 2020
PETITIONER/S:
THOMAS JACOB, AGED 64 YEARS
S/O.C.T.THOMAS, CHARIVUKALAYI CITY VEEDU, NEAR
YMCS, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN -
689 101.
BY ADVS.
K.SHIBILI NAHA
SMT.A.LOWSY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF POWER, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 EXECUTIVE ENGINEER
KSEB ELECTRICAL DIVISION, MINI VYDYUTHI BHAVAN,
THIRUVALLA, PIN - 689 101.
3 ASSISTANT ENGINEER
ELECTRICAL SECTION, KSEB, MINI VYDYUTHI BHAVAN,
THIRUVALLA, PIN - 689 101.
BY ADV SRI.A.ARUNKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, ALONG WITH Con.Case(C).
1597/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
1943
CON.CASE(C) NO. 1597 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 28550/2020 OF HIGH
COURT OF KERALA, ERNAKULAM
PETITIONER/S:
THOMAS JACOB, AGED 64 YEARS
S/O. C.T.THOMAS, CHARIVUKALAYI CITY VEEDU, NEAR
YMCA, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-
689101.
BY ADV K.SHIBILI NAHA
RESPONDENT/S:
1 MR.SHAJI .R, AGE & FATHER'S NAME NOT KNOWN TO
THE PETITIONER, EXECUTIVE ENGINEER, KSEB
ELECTRICAL DIVISION, MINI VYDYUTHI BHAVAN,
THIRUVALLA, PIN-689101.
2 NISHA MOL ANTONY, , AGE AND FATHER'S NAME NOT
KNOWN TO THE PETITIONER, ASSISTANT ENGINEER,
ELECTRICAL SECTION, KSEB, MINI VYDYUTHI BHAVAN,
THIRUVALLA, PIN-689101.
BY ADV A.ARUNKUMAR
OTHER PRESENT:
SMT.RASHMI.K.M, SR.GP, SRI.DINESH RAO,SC FOR
RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, ALONG WITH WP(C).28550/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
P.V.KUNHIKRISHNAN, J.
==============================================================
W.P.(C) No.28550 of 2020
&
Cont. Case (C) No.1597 of 2021
===================================================================================
Dated this the 3rd day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers:
i) Issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the respondents 2 & 3 to act upon Ext.P3 and
provide a service connection LT -Normal to the
petitioner's residential building under
construction forthwith.
ii) Issue any writ order or direction commanding the
3rd respondent to consider Ext.P4 sketch and
facilitate the drawing of line and provide service
connection to the petitioner.
iii) Such other reliefs sought for from time to time
which this Hon'ble Courts deem fit to grant in the
facts and circumstances of this case, including
costs of these proceedings."
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
2. The petitioner is a senior citizen. He want to
construct a residential building based on Ext.P2 permit in the
joint property belongs to him and his wife. The construction
of the building is already over. The petitioner applied for
electricity service connection LT-Normal as early as on
21.01.2020. There was no response till date. In such
circumstances, the writ petition is filed.
3. When this writ petition came up for consideration
on 23.04.2021, this Court passed the following order:
"R2 and R3 will take necessary steps to provide
temporary electric connection to facilitate
construction of the petitioner's residential
building covered by Ext.P2 building permit,
provisionally forthwith, subject to the result of
the writ petition."
4. It is the case of the petitioner that the above order is
not complied with, and hence Contempt Case (C) 1597 of
2021 is filed.
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
5. In the writ petition, an application is filed by
respondents 2 and 3 to vacate the interim order. The main
reason mentioned in the application is that the property of the
petitioner is situated on the side of the railway property and
the Electricity Board already submitted an application to the
additional 4th respondent for getting sanction to give electric
connection from the electric post situated in Thiruvalla
railway station road. It is submitted by the learned Standing
Counsel for the Electricity Board that there is no response from
the railway and hence, the Electricity Board was not able to
comply the interim order.
6. The learned counsel for the petitioner also
submitted that as per Section 43(1) of the Electricity Act,
service connections to be given within one month of such
request. The counsel also relied on the judgment of this Court
in Raveendranathan K.N. & another v. Kerala State Electricity
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
Board and others (2021(2) KHC 455).
7. When this writ petition came up for consideration,
this Court impleaded the railway authority as the additional 4 th
respondent. The admitted case is that the KSEB is ready to give
connection immediately after getting approval from the
railway authority, for which they already submitted a request
on 11.02.2021 which is referred in Ext.R3(a). I think in the
facts and circumstances of the case, there can be a direction to
the additional 4th respondent to pass orders in the application
ID:SR-TVC-2021-09 dated 11.02.2021 mentioned in
Ext.R3(a) within a time frame and thereafter based on that
decision the Electricity Board can take appropriate steps to
give electricity connection to the petitioner. If any objection is
raised on the part of the railway, the Electricity Board will
consider the alternative route suggested by the petitioner also.
Therefore, the writ petition is disposed of in the following
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
manner:
1. The additional 4th respondent is directed to
consider the application ID: SR-TVC-2021-09
dated 11.02.2021 referred in Ext.R3(a) and
pass appropriate orders in it, as expeditiously
as possible, at any rate, within ten days from
the date of receipt of a copy of this judgment.
2. Based on the decision by the additional 4th
respondent, respondents 2 and 3 will take
appropriate steps to give service connection to
the petitioner forthwith, at any rate, within
two weeks from the date on which orders are
received from the additional 4th respondent.
3. If there is any further objection from the
additional 4th respondent, the 2nd and 3rd
respondents will consider the alternative route
suggested by the petitioner and give service
connection to the petitioner, within three
weeks thereafter.
4. The learned counsel for the petitioner will
produce a copy of the writ petition and a copy
of Ext.R3(a) together with a copy of this
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
judgment before the additional 4th respondent
for compliance.
In the light of the directions given in the writ petition, the
Contempt of Court case is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
APPENDIX OF WP(C) 28550/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE VILLAGE
OFFICE CONCERNED AND TYPED LEGIBLE
COPY OF EXT.P1.
EXHIBIT P2 TRUE COPY OF THE REVISED BUILDING
PERMIT ISSUED ON 16/1/2020 AND TYPED
LEGIBLE COPY OF EXT.P2.
EXHIBIT P3 TRUE COPY OF THE DETAILS OF THE
APPLICATION SUBMITTED BY THE
PETITIONER ON 21/1/2020.
EXHIBIT P4 TRUE COPY OF THE LOCATION SKETCH ALONG
WITH THE SITE PLAN.
EXHIBIT P5 TRUE COPY OF THE NO OBJECTION
CERTIFICATE ISSUED BY THE DIVISIONAL
ENGINEER, (NORTH) THIRUVANANTHAPURAM
DATED 24.01.2019
W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021
APPENDIX OF CON.CASE(C) 1597/2021
PETITIONER ANNEXURE
Annexure I TRUE COPY OF THE INTERIM ORDER IN
WP(C) NO.28550/2020 DATED 23.4.2021.
Annexure II TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER BEFORE THE 1ST
RESPONDENT HEREIN DATED 28.4.2021.
Annexure III TRUE COPY OF THE REQUEST SUBMITTED
BEFORE THE 2ND RESPONDENT HEREIN ALONG
WITH A COPY OF ANNEXURE I ON
28.4.2021.
Annexure IV TRUE COPY OF THE COMMUNICATION DATED
5.5.2021 RECEIVED BY THE PETITIONER
FROM THE OFFICE OF THE 2ND RESPONDENT.
Annexure V TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED TO THE PETITIONER BY THE
SUPERINTENDENT THIRUVALLA MUNICIPALITY
16.6.2021.
Annexure VI TRUE COPY OF THE COMMUNICATION DATED
9.7.2021 RECEIVED BY THE PETITIONER
FROM THE OFFICE OF THE 2ND RESPONDENT.
Annexure VII TRUE COPY OF THE ACKNOWLEDGMENT
EVIDENCING THE PETITIONER SUBMITTED AN
APPLICATION FOR A NEW SERVICE
CONNECTION ON 26.7.2021.
