Jiyas C. J vs District Collector
2023 Latest Caselaw 8662 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                       WP(C) NO. 26235 OF 2023
PETITIONER:

          JIYAS C. J, AGED 45 YEARS
          S/O JAMAAL, CHAKKUMAL HOUSE,
          KAVUMKARA, VELLOORKUNNAM VILLAGE,
          MOOVATTUPUZHA, ERNAKULAM DISTRICT - 686669

          BY ADV LATHEESH SEBASTIAN



RESPONDENTS:

    1     DISTRICT COLLECTOR
          COLLECTORATE, PAINVAU, IDUKKI - 685502

    2     REVENUE DIVISIONAL OFFICER
          DEVIKULAM, IDUKKI DISTRICT - 685613

    3     TAHSILDAR
          TALUK OFFICE, UDUMBANCHOLA,
          NEDUMKANDAM, IDUKKI DISTRICT - 685554

    4     VILLAGE OFFICER
          BISON VALLEY VILLAGE, IDUKKI DISTRICT - 685565

    5     THE DEPUTY CHIEF ENGINEER
          KERALA STATE ELECTRICITY BOARD LTD.,
          ELECTRICAL CIRCLE OFFICE, THODUPUZHA,
          IDUKKI DISTRICT - 685581

    6     THE ASSISTANT ENGINEER
          ELECTRICAL SUB DIVISION,
          KERALA STATE ELECTRICITY BOARD LTD.,
          CHITHIRAPURAM, IDUKKI DISTRICT - 685565

          BY ADV GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26235 OF 2023     : 2 :


                          JUDGMENT

The petitioner has filed this writ petition for a

direction to respondents 5 and 6 to enhance the connect load

of the electricity connection of the petitioner bearing

No.1156154022803 to 19 KW in the tariff of LT 6F at the cost

of the petitioner without insisting for NOC from the

respondents 1 to 4.

2. According to the petitioner, he is conducting a

home stay after obtaining Ext.P2 license from the Bison Valley

Grama Panchayat. The petitioner requested the respondents 5

and 6 to enhance the contract load of his electricity

connection bearing No. 1156154022803 to 19 KW from the

existing commercial connection of 3KW at the cost of the

petitioner, vide Ext.P4. The 6 th respondent refused to accept

the application on the reason that the 1 st respondent has

insisted production of NOC from the Revenue Department.

3. The learned counsel for the petitioner refers to

Exts.P5 and P6 judgments of this Court wherein, in similar

matters, this Court permitted the petitioners therein for

conversion of the connection without insisting for No

Objection Certificate from the revenue authorities. The

petitioner is seeking similar relief in this writ petition.

4. Heard the learned counsel for the petitioner,

learned Government Pleader and the learned standing counsel

for the respondents 5 and 6.

5. I have gone through Exts.P5 and P6 judgments

also. Considering the facts and circumstances of the case,

there will be a direction to respondents 5 and 6 to consider

Ext.P4 application to enhance the connect load to 19 KW from

the existing commercial connection at the cost of the

petitioner, without insisting for NOC from the revenue

authorities and on payment of other required statutory

charges.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, BISON VALLEY DATED 08.05.2023

Exhibit P2 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY OF BISON VALLEY GRAMA PANCHAYAT DATED 26.04.2022 WITH ENGLISH TRANSLATION

Exhibit P3 TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE PETITIONER DATED 08.06.2023

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 19.07.2023

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO 10832/2017 DATED 12.12.2018

Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO 16301 OF 2023 DATED 31.05.2023