Habeeb.K.A vs Secretary, Kerala State ...
2021 Latest Caselaw 22685 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                      WP(C) NO. 2631 OF 2021
PETITIONER:

            HABEEB.K.A
            AGED 44 YEARS
            KALARICAL HOUSE, THOTTAKKATTUKARA P.O., ALUVA,
            ERNAKULAM DISTRICT, PIN-683 108.

            BY ADV JOSEPH M.P.

RESPONDENTS:

    1       SECRETARY, KERALA STATE ELECTRICITY LICENSING
            BOARD
            CHIEF ELECTRICAL INSPECTORATE OFFICE, HOUSING
            BOARD BUILDING, SHANTI NAGAR,
            THIRUVANANTHAPURAM-695 001.
    2       THE CHIEF ELECTRICAL INSPECTOR,
            CHIEF ELECTRICAL INSPECTORATE OFFICE,
            HOUSING BOARD BUILDING, SHANTI NAGAR,
            THIRUVANANTHAPURAM-695 001.

OTHER PRESENT:

            SMT.RASHMI.K.M, SR.GP, SRI.SUDHEER GANESH KUMAR,
            SC FOR KSEB


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   19.11.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.2631/2021

                                      2


                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                      W.P.(C).No.2631 of 2021
               ----------------------------------------------
            Dated this the 19th day of November, 2021


                                 JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or any other appropriate writ or order quashing Ext.P7. ii. To issue a writ of mandamus or any other appropriate writ or order directing the respondent to issue license to the petitioner forthwith.

iii. Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs.

2. Petitioner is a degree holder in Electrical

Engineering from Calicut University. After his graduation in

Engineering, he worked in different capacities in different

organisations including M/s.TELK Angamaly. The petitioner

submitted an application for supervisory licence before the 1 st

respondent. The application was rejected by the authority

concerned as per Ext.P7. The reason mentioned in Ext.P7 is

that the petitioner completed 65 years of age and the licence

can be issued only to a person who has not completed 65 W.P.(C).No.2631/2021

years. Aggrieved by Ext.P7, this writ petition is filed.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. The counsel for the petitioner reiterated his

contentions in the writ petition. The counsel submitted that

the petitioner was invited for interview and even then he was

refused licence. The counsel submitted that there may be a

direction to the 1st respondent to consider Ext.P6

representation submitted by the petitioner. On the other

hand, the Government Pleader submitted that as per Section

16 of the Kerala State Electricity Licensing Board Rules, 2020,

there is an upper age limit for applying for the licence. The

Government Pleader submitted that admittedly the petitioner

crossed 65 and in such circumstances, Ext.P7 order is passed.

5. I considered the contentions of the petitioner and

the Government Pleader. I also perused the relevant rules

which insist that 65 is the upper age limit for getting licence.

Admittedly the petitioner crossed 65. In the affidavit filed

along with the writ petition, the age of the petitioner is shown

as 68. In such circumstances, I am of the view that there is

nothing to interfere with Ext.P7 order. W.P.(C).No.2631/2021

Therefore, the writ petition fails and the same is

accordingly dismissed.

sd/-

                                 P.V.KUNHIKRISHNAN
JV                                      JUDGE
 W.P.(C).No.2631/2021





                 APPENDIX OF WP(C) 2631/2021

PETITIONER EXHIBITS
EXHIBIT P1        TRUE COPY OF THE APPLICATION FORM BY

THE 2ND RESPONDENT DATED 26.09.2018. EXHIBIT P2 TRUE COPY OF THE CHALLAN DATED 26.09.2018 EVIDENCING THE PAYMENT OF PRESCRIBED FEE.

EXHIBIT P3 TRUE COPY OF THE INTERVIEW MEMO ISSUED TO PETITIONER FROM THE DEPARTMENT OF ELECTRICAL INSPECTOR DATED 17.10.2019. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE ELIGIBILITY LIST IN THE OFFICIAL WEBSITE OF 1ST RESPONDENT WHERE THE PETITIONER IS PLACED AT SL.NO.29.

EXHIBIT P5 TRUE COPY OF THE CHALLAN RECEIPT BEARING NO.CL-015605315201920M ISSUED BY KUNNATHUNADU SUB TREASURY, PERUMBAVOOR DATED 03.03.2020.

EXHIBIT P6 TRUE COPY OF THE REQUEST SEND BY THE PETITIONER FOR ISSUANCE OF LICENSE ON 03.03.2020.

EXHIBIT P7 TRUE COPY OF THE LETTER BEARING NO.M/1/5799/2020/CEI DATED 10.12.2020. EXHIBIT P8 TRUE COPY OF THE CHALLAN RECEIPT DATED 12.06.2020.