K. Vidyadharan vs Kerala State Electricity Board - ...
2022 Latest Caselaw 8772 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                       WP(C) NO. 12025 OF 2022
PETITIONER:

            K. VIDYADHARAN,
            AGED 60 YEARS,
            SARADHI, MUPPATHADAM P.O., ALUVA, PIN - 683110
            BY ADVS.
            RENJINI M. RENJITH
            N.KRISHNA OZHAKKANAT
            LAKSHMINARAYAN.R


RESPONDENTS:

    1       KERALA STATE ELECTRICITY BOARD - KSEB,
            REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR,
            VYDYUTHI BHAVANAM, PATTOM,
            THIRUVANANTHAPURAM, PIN - 695004

    2       DEPUTY CHIEF ENGINEER,
            OFFICE OF THE DEPUTY CHIEF ENGINEER,
            ERNAKULAM ELECTRICAL CIRCLE, PIN - 695004

    3       EXECUTIVE ENGINEER,
            KSEB ELECTRICALS SUB DIVISION,
            NORTH PARAVOOR, PIN - 683513

    4       ASSISTANT EXECUTIVE ENGINEER,
            KSEB ELECTRICALS SUB DIVISION,
            NORTH PARAVOOR, PIN - 683513

    5       ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM COLLECTORATE,
            KAKKANAD, ERNAKULAM, PIN - 682030

            BY ADV.
            SRI JIMMY GEORGE, GP
            SRI B PREMOD, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12025 OF 2022      -2-




                           JUDGMENT

Order of the Additional District Magistrate (ADM)

dated 13.01.2022 rejecting the complaint of the

petitioner for changing the posts P/CK/44/6/1 and the

lines which are installed in survey No.170/11A of

Kottuvally Village, Paravur Taluk, has been assailed.

2. The grievance of the petitioner is that the said

connection lines and posts were installed in 2012. The

matter was required to be adjudicated by ADM,

Ernakulam after having afforded the opportunity to both

parties i.e., the Electricity Board and complainant and

the complaint has been rejected. It is contended that

vide Ext.P8 the previous consumer had also certified that

the connection was issued only in 2012 whereas it is in

1992 as observed by the ADM. The posts and the lines

have to be shifted at the expense of the KSEB and not by

the complainant.

3. As per the report from the Electricity

department, the connections were issued on 20.06.1992

and the complaint had been submitted after the expiry of

thirty(30) years. KSEB had not rejected the request but

agreed to change the posts and the lines on payment of

the expenses of Rs.25,000/- (Rupees twenty five thousand

only).

The order of the ADM does not suffer from any

illegality, arbitrariness or perversity. No ground for

interference is made out. Writ petition is accordingly

dismissed.

Sd/-

AMIT RAWAL JUDGE vv

APPENDIX OF WP(C) 12025/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.02.1992

Exhibit3 RESPONSE TO EXHIBIT-P2; BY 4TH RESPONDENT. ESTIMATE OF RS. 25480/- DEMANDED FROM THE PETITIONER TO RELOCATE ELECTRIC POSTS DATED 16.07.2021 AND ENGLISH TRANSLATION OF THE SAME

Exhibit4 APPLICATION BY THE PETITIONER TO RELOCATE THE POST AT 2ND RESPONDENT'S EXPENSE DATED 19.07.2021 AND ENGLISH TRANSLATION OF THE SAME

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 22.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO REMIT AN AMOUNT OF RS. 25,480/-

Exhibit5 LETTER FROM 3RD RESPONDENT TO THE PETITIONER DEMANDING 24, 913 RUPEES TO RELOCATE ELECTRIC POST DATED 25.08.2021 AND ENGLISH TRANSLATION OF THE SAME

Exhibit6 REGISTERED LETTER FROM THE PETITIONER TO 3RD RESPONDENT DATED 01.09.2021 AND ENGLISH TRANSLATION OF THE SAME

Exhibit P4 APPLICATION BY THE PETITIONER TO RELOCATE THE POST AT 2ND RESPONDENT'S EXPENSE DATED 19.07.2021

Exhibit P5 LETTER FROM 3RD RESPONDENT TO THE PETITIONER DEMANDING 24, 913 RUPEES

Exhibit7 LETTER FROM 3RD RESPONDENT TO THE PETITIONER DEMANDING 24, 913 RUPEES TO RELOCATE ELECTRIC POST DATED 13.10.2021 AND ENGLISH TRANSLATION OF THE SAME

Exhibit8 LETTER FROM SRI. ROBY TO 4TH RESPONDENT DATED 11.10.2021 AND ENGLISH TRANSLATION OF THE SAME

Exhibit P6 REGISTERED LETTER FROM THE PETITIONER TO 3RD RESPONDENT DATED 01.09.2021

Exhibit P7 LETTER FROM 3RD RESPONDENT TO THE PETITIONER DEMANDING 24, 913 RUPEES TO RELOCATE ELECTRIC POST DATED 13.10.2021

Exhibit9 ORDER OF THE 1ST RESPONDENT DATED 30/01/2022 AND ENGLISH TRANSLATION OF THE SAME

Exhibit P8 LETTER FROM SRI. ROBY TO 4TH RESPONDENT DATED 11.10.2021

Exhibit P9 ORDER OF THE 5TH RESPONDENT DATED 30/01/2022