Kerala High Court
The Kerala Judicial Officers' ... vs Corporation Of Kochi on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 19975 OF 2022
PETITIONER:
THE KERALA JUDICIAL OFFICERS' CO-OPERATIVE SOCIETY LTD., NO.
4475, DISTRICT COURT ANNEXE, KALOOR, ERNAKULAM, REPRESENTED
BY ITS SECRETARY, P.K.MOHANDAS, AGED 54 S/O.T.A.SANKUNNI
NAIR, DISTRICT COURT ANNEXE, KALOOR, ERNAKULAM - 682017
BY ADVS.
P.VISWANATHAN (SR.)
SHIBU JOSEPH
SAYED MANSOOR BAFAKHY THANGAL
BALRAM S.A.
JEFFIN JOHN
V.C. XAVIER
M.SRIRAM
POOJA P.O.
AJITH VISWANATHAN
RESPONDENTS:
1 CORPORATION OF KOCHI, PARK AVENUE, MARINE DRIVE, KOCHI,
REPRESENTED BY ITS SECRETARY., PIN - 682011
2 THE SECRETARY, CORPORATION OF KOCHI, PARK AVENUE,
MARINE DRIVE, KOCHI., PIN - 682011
3 THE ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF KOCHI,
ZONAL OFFICE, VYTILLA, ERNAKULAM., PIN - 682019
4 THE KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695015
5 THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD
LIMITED, ELECTRICAL SECTION, VENNALA, OFFICE OF THE
ASSISTANT ENGINEER, ELECTRICAL SECTION, VENNALA,
ERNAKULAM., PIN - 682028
BY ADV D.G.VIPIN
SC ADV.VIPIN D G; SC FOR KSEB-ADV. JOSWIN THAMBI KUNNATH
ADV.SURYA BINOY B-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19975 OF 2022
2
JUDGMENT
Dated this the 24th day of June, 2022
The petitioner, a Society registered under the Kerala Co-
operative Societies Act, is before this Court seeking to direct
respondents 2 and 3 to grant permission to the 5 th respondent-
Assistant Engineer, Kerala State Electricity Board Limited
(KSEB) to lay 67 Metres, 11KV XLPE UG Cable for providing
power supply to the Apartment Complex 'Court Yard' as
requested under Ext.P6 letter.
2. The petitioner states that the Society has
constructed an apartment complex. After completion of the
construction, the petitioner submitted application for electricity
supply. By Ext.P6 letter dated 02.03.2022, the Assistant
Executive Engineer, Electrical Sub Division of the KSEB
addressed the Assistant Executive Engineer, Corporation of
Kochi, seeking permission for road cutting for supply of
WP(C) NO. 19975 OF 2022
electricity. Respondents 1 and 2 are not granting requisite
permission, contends the petitioner. The denial of electric
supply to the petitioner's apartment complex is creating
considerable hardship and loss to the petitioner as well as the
members of the Society.
3. Standing Counsel representing respondents 1 and
2 entered appearance and resisted the writ petition. The
Standing Counsel denied all the material allegations made by
the petitioner in the writ petition. The Standing Counsel
submitted that though an application from the Electricity Board
was received seeking permission for road cutting, permission
was not granted in view of a general direction given by the
District Collector not to permit road cutting during the Monsoon
season. Therefore, the petitioner is not entitled to get a permit
right now. As and when this Monsoon season is over,
requisite permission will be granted.
4. I have heard the learned counsel for the petitioner
and the respective Standing Counsel for respondents 1 to 5.
WP(C) NO. 19975 OF 2022
5. The petitioner is a Society, which has constructed
an apartment complex named 'Court Yard'. The construction
is complete and the Corporation has issued Ext.P8 Occupancy
Certificate to the building. When members of the Society have
already occupied the apartment complex, electric supply is
necessary for all the apartment units. In such circumstances,
it will be harsh if electric supply is denied to the residents of
the apartment, till Monsoon is over. It would be violative of
fundamental rights of the members of the Society, guaranteed
under Articles 14 and 21 of the Constitution of India.
6. In this case, it has to be noted that an application
for road cutting permit was forwarded by the officials of the
KSEB Ltd. on 02.03.2022 as is evident from Ext.P6. The
occupants of the apartment complex have been residing in the
apartment for more than three months without electric supply
from the KSEB Ltd.
In the circumstances, the writ petition is disposed of
directing respondents 1 and 2 to grant road cutting permit to
WP(C) NO. 19975 OF 2022
the Electricity Board in accordance with law, within a period of
ten days, on condition that the petitioner-Society deposits an
amount of `30,000/- with the 1st respondent. Adjustments, if
any, in the amount so deposited will be made by respondents
1 and 2 in accordance with rules.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) NO. 19975 OF 2022
APPENDIX OF WP(C) 19975/2022
PETITIONER EXHIBITS
Exhibit P1 EXHIBIT P1: THE TRUE PHOTOSTAT PRINTED COPY
OF BYE-LAWS OF THE PETITIONER SOCIETY.
Exhibit P2 EXHIBIT P2: THE TRUE PHOTOSTAT COPY OF THE
SALE DEED NO.1920 OF 2018, OF EDAPPALLY SUB
REGISTRY.
Exhibit P 3 EXHIBIT P3: THE TRUE PHOTOSTAT COPY OF THE
BUILDING PERMIT
NO.KRPI/252/18/COC/KRP/4494/18 DATED 15-01-
2019 TOGETHER WITH THE APPROVED PLAN,
ISSUED BY THE 2ND RESPONDENT IN THE NAME OF
THE PETITIONER SOCIETY.
Exhibit P 4 EXHIBIT P4: THE TRUE PHOTOSTAT COPY OF
INTERIM ORDER DATED 07-05-2021 PASSED IN
W.P.(C).NO.10993 OF 2021, PASSED BY THIS
HON'BLE COURT.
Exhibit P 5 EXHIBIT P5: THE TRUE PHOTOSTAT COPY OF THE
ORDER BEARING NO.K8-4972/2021 DATED 20-12-
2021 PASSED BY THE REVENUE DIVISIONAL
OFFICER, FORT KOCHI.
Exhibit p 6 EXHIBIT P6: THE TRUE PHOTOSTAT COPY OF THE
LETTER ISSUED BY THE 5TH RESPONDENT DATED
02-03-2022 TO THE 3RD RESPONDENT.
Exhibit p 7 EXHIBIT P7: THE TRUE PHOTOSTAT COPY OF THE
ACKNOWLEDGEMENT RECEIPT BEARING NO.28054
DATED 04-03-2022.
Exhibit p 8 EXHIBIT P8: THE TRUE PHOTOSTAT COPY OF THE
OCCUPANCY CERTIFICATE DATED 11-05-2022
ISSUED BY THE 2ND RESPONDENT.
Exhibit p 9 EXHIBIT P9: THE TRUE PHOTOSTAT COPY OF THE
APPLICATION UNDER THE RIGHT TO INFORMATION
ACT, 2005, ISSUED BY THE SECRETARY OF THE
PETITIONER SOCIETY, DATED 15-06-2022,
BEFORE THE PUBLIC INFORMATION OFFICER OF
THE 1ST RESPONDENT.
Exhibit p 10 EXHIBIT P10: THE TRUE PHOTOSTAT COPY OF THE
ACKNOWLEDGEMENT RECEIPT BEARING NO.38607
DATED 15-06-2022.
RESPONDENT'S/S EXHIBITS : NIL
