Rajesh Kannan vs The Assistant Executive Engineer
2022 Latest Caselaw 8515 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                       WP(C) NO. 22814 OF 2020
PETITIONER:

          RAJESH KANNAN,
          AGED 45 YEARS,
          S/O. ESWARAN, BUILDING NO.10/1541(UA),
          IKKA NAGAR, MUNNAR.

          BY ADVS.
          A.A.SHIBI
          SRI.P.V.VIJU


RESPONDENTS:

    1     THE ASSISTANT EXECUTIVE ENGINEER,
          KERALA STATE ELECTRICITY BOARD LIMITED,
          MUNNAR P.O., MUNNAR, IDUKKI DISTRICT, PIN - 685612.

    2     THE SENIOR MANAGER - ENGINEERING,
          KANNAN DEVAN HILLS PLANTATION HOUSE,
          MUNNAR P.O., MUNNAR, IDUKKI DISTRICT, PIN - 685612.

          BY ADV SRI.A.ARUNKUMAR, SC, KSEB


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22814 OF 2020
                             -2-


                          JUDGMENT

Petitioner is a resident of Ward No.10 of Munnar

Village and in possession of 1.5 cents of land including a

residential building in Survey No.843 of Munnar Village

for the last 12 years. He has been assigned the building

number as 1541 and had been paying the building tax as

per the receipts issued by the Grama Panchayat, Munnar

Ext.P1. Since the residential building of the petitioner

did not have the electric connection, Senior Manager,

Engineering Department, KDHP Company, the service

provider, was approached for providing the electric

connection but petitioner was put off on the ground that,

is required to obtain No objection Certificate (NOC) from

the Kerala State Electricity Board (hereinafter referred

to as 'KSEB', for short) as KSEB is the owner of the

property.

2. Learned counsel for the petitioner submits that

controversy with regard to the survey number has WP(C) NO. 22814 OF 2020

already been set at rest by this Court vide judgment

Ext.P7, relying upon one other judgment passed by this

Court giving liberty to the electricity department to take

the possession in accordance with law, but directed the

licensee to provide the electricity connection without any

further delay, without issuing the NOC. Petitioner vide

interim application has placed on record additional

documents Exts.P8, P9 and P10 to reflect that the KSEB

is not in the ownership of Survey No.843. It has a total

land of almost 16 acres and many other persons are in

illegal occupation of certain portion of the

aforementioned survey number.

I dispose of the writ petition in terms of the order

passed by this Court in judgment dated 12.06.2020 in

W.P(C).11604 of 2020 Ext.P7 directing the respondent

No.2 to issue the electric connection without insisting for

NOC from the KSEB as the building receipts reflect that

the petitioner is in possession of the premises. Let the WP(C) NO. 22814 OF 2020

electric connection be provided within a period of three

weeks by the respondent No.2, from the date of receipt

of a certified copy of the judgment.

Sd/-

AMIT RAWAL JUDGE vv WP(C) NO. 22814 OF 2020

APPENDIX OF WP(C) 22814/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF BUILDING TAX RECEIPT ISSUED BY MUNNAR GRAMA PANCHAYAT DATED 19.07.2020.

EXHIBIT P2 TRUE COPY OF OWNERSHIP CERTIFICATE DATED 17.06.2020 ISSUED BY THE MUNNAR GRAMA PANCHAYAT.

EXHIBIT P3 TRUE COPY OF REPLY GIVEN BY 2ND RESPONDENT IN PURSUANCE OF APPLICATION SUBMITTED BY PETITIONER FOR ELECTRIC CONNECTION.

EXHIBIT P4 TRUE COPY OF APPLICATION FOR NOC SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 3.9.2020 WITHOUT ITS EXHIBIT ALONG WITH THE ENVELOP NOTED AS REFUSED.

EXHIBIT P5 TRUE COPY OF NOC ISSUED FROM 1ST RESPONDENTS OFFICE TO ONE MR.JOSEPH, WHO IS RESIDING IN SURVEY NO.843 OF MUNNAR VILLAGE.

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 13.08.2014 IN WP(C) NO. 28646 OF 2013 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 12.06.2020 IN WP(C) NO.11604 OF 2020 OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF LIST OF ASSIGNABLE LAND APPROVED BY THE DISTRICT COLLECTOR WITH TYPED COPY

Exhibit P9 TRUE COPY OF LIST OF ASSIGNABLE LAND WP(C) NO. 22814 OF 2020

APPROVED BY THE DISTRICT COLLECTOR WITH TYPED COPY

Exhibit P 9 TRUE COPY OF LIST OF ASSIGNESS IN SY NO. 843 WITH THEIR LA. NUMBERS OBTAINED UNDER RTI ACT WITH TYPED COPY

Exhibit P10 TRUE COPY OF THE ORDER IN G.O.(MS) NO.

351/95/RD DATED 11.07.1995 WITH TYPED COPY