Kerala High Court
Rajesh C.V vs The Kerala State Electricity ... on 29 October, 2021
WP(C) NO. 21933 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 21933 OF 2021
PETITIONERS:
1 RAJESH C.V.
AGED 43 YEARS
S/O.PADMANABHAN NAMBIAR, KODAKKATTERI VEEDU,
KOTTOOR, SREEKANDAPURAM P.O., KANNUR - 670 631.
2 ANJANA M.V.
AGED 40 YEARS
W/O.RAJESH C.V., KODAKKATTERI VEEDU, KOTTOOR,
SREEKANDAPURAM P.O., KANNUR - 670 631.
BY ADV MANAS P HAMEED
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD (KSEB)
REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM - 695 001.
2 THE DEPUTY CHIEF ENGINEER
KANNUR DIVISION, VYDYUTHI BHAVANAM, SOUTH BAZAR,
KANNUR - 670 002.
3 THE EXECUTIVE ENGINEER
KANNUR DIVISION, VYDYUTHI BHAVANAM, SOUTH BAZAR,
KANNUR - 670 002.
4 ASSISTANT ENGINEER
SREEKANDAPURAM ELECTRICAL SECTION, SREEKANDAPURAM,
SREEKANDAPURAM P.O., KANNUR - 670 631.
5 THE DISTRICT MAGISTRATE, KANNUR IS SUO MOTU
IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER
DATED 29/10/2021 IN WP(C)NO.21933 OF 2021.
BY ADV A.ARUNKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 21933 OF 2021
2
BECHU KURIAN THOMAS, J
................................................
W.P.(C) NO. 21933 OF 2021
........................................
Dated this the 29th day of October, 2021
JUDGMENT
Petitioners claim themselves to be differently abled
persons. First petitioner is a deaf and mute person with a
permanent disability of 100%, while the 2 nd petitioner has a
permanent disability of 40%. They sought electric connection
for their house by request dated 24/9/2020. The 4 th
respondent pursuant to the application informed that,
petitioners must deposit Rs.43,192/- being the cost for
providing the service connection.
2. The cost estimated by the 4th respondent being
on the higher side, petitioners suggested an alternative route.
According to the petitioners, the electric line can be drawn
through the alternative route at a cheaper cost. In the
meantime, after almost one year from the date of application,
based upon the estimate prepared by the 4 th respondent,
Ext.P3 demand notice was issued, directing the petitioners to
WP(C) NO. 21933 OF 2021
pay Rs.43,192/-. It is in such circumstances that petitioners
have approached this Court seeking directions inter alia for
immediate grant of electric supply to the petitioners in
accordance with Section 43(1) of the Electricity Act 2003.
3. A counter affidavit has been filed by the 4 th
respondent pleading that, the estimated cost of the
alternative route suggested by the petitioners, though totals
only up to Rs.8,590/-, that line has to be drawn through a
property owned by four other persons, who had refused to
give their consent. The representation submitted by the said
four persons were produced as Ext.R4(b). It was further
averred that the initial route suggested, required drawing of
over headline of 56m and 35m of weather proof line apart
from 2 poles to be erected and hence the cost as per Ext.P3
was not financially feasible while the alternative route
suggested is objected by the owners. In the meantime since
the petitioners intimated that the amount demanded as per
Ext.P3 was not financially feasible, 4th respondent has
requested the District Magistrate, Kannur, through Ext.R4 (f)
WP(C) NO. 21933 OF 2021
on 8/10/2021, to overcome the objections raised by the
owners of the private road.
4. I have heard Adv.Manas P.Hameed, the learned
counsel for the petitioners, Adv.Arunkumar A, the learned
Standing Counsel for the respondents 1 to 4 and the learned
Government Pleader on behalf of respondent No.5.
5. The application for grant of electric connection
was admittedly filed on 24-09-2020. The demand for
payment of the estimate was made only on 22-09-2021 after
a delay of almost one year from the date of application. The
delay is attempted to be explained in the purported attempts
made by the 4th respondent to obtain consent from the
neighbouring property owners. In any way, now the 4 th
respondent has requested the 5 th respondent to grant
permission to draw the electric line.
6. Since the 4th respondent has filed a petition as
Ext.R4(f) before the 5th respondent, this writ petition itself can
be disposed of by directing the District Magistrate, Kannur, the
additional respondent No. 5 to consider and pass orders as
WP(C) NO. 21933 OF 2021
expeditiously as possible in a time bound manner, after
hearing all the parties involved in the matter. I hereby direct
the 5th respondent to do so.
7. Since the petitioners are disabled persons, the 5 th
respondent shall take into consideration, the circumstances
prevailing and issue appropriate orders as directed above
within a period of two months from the date of receipt of a
copy of this judgment.
This writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(C) NO. 21933 OF 2021
APPENDIX OF WP(C) 21933/2021
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF STANDING DISABILITY
ASSESSMENT BOARD CERTIFICATES OF
PETITIONERS ISSUED BY THE SUPERINTENDENT,
DISTRICT HOSPITAL KANNUR.
Exhibit P1A TRUE COPY OF STANDING DISABILITY
ASSESSMENT BOARD CERTIFICATES OF
PETITIONERS ISSUED BY THE SUPERINTENDENT,
DISTRICT HOSPITAL KANNUR.
Exhibit P2 TRUE COPY OF OWNERSHIP CERTIFICATE ISSUED
FROM SREEKANDAPURAM MUNICIPALITY.
Exhibit P3 TRUE COPY OF DEMAND NOTICE ISSUED BY THE
4TH RESPONDENT TO THE PETITIONERS
DEMANDING PAYMENT OF RS.43,192/-.
Exhibit P4 TRUE COPY OF REPRESENTATION DATED
28/09/2021 FILED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT DEPUTY CHIEF
ENGINEER.
Exhibit P5 TRUE COPY OF ORDER DATED 29/01/2021
ISSUED BY THE 1ST RESPONDENT KSEB ALONG
WITH RELEVANT PAGES OF ITS APPENDIX.
Exhibit P6 TRUE COPY OF ORDER DATED 21/11/2016
ISSUED POWER DEPARTMENT, GOVERNMENT OF
KERALA.
RESPONDENT'S EXHIBITS :
Exhibit R4(a) A TRUE COPY OF THE SKETCH.
Exhibit R4(b) A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE NEIGHBOURS OF THE
PETITIONERS.
Exhibit R4(c) A TRUE COPY OF THE DEMAND SUBMITTED TO
THE PETITIONER BY THE 4TH RESPONDENT.
WP(C) NO. 21933 OF 2021
Exhibit R4(d) A TRUE COPY OF THE DETAILED DEMAND NOTE
PREPARED BY 4TH RESPONDENT.
Exhibit R4(e) A TRUE COPY OF REQUEST BY SMT. ANJANA M V
AFTER COMPLETING ALL LEVEL DISCUSSIONS
WITH THE PROPERTY OWNERS.
Exhibit R4(f) A TRUE COPY OF THE REQUEST FORWARDED TO
THE DISTRICT MAGISTRATE, KANNUR DATED 08-
10-2021.
AJM //TRUE COPY// PA TO JUDGE
