Kerala High Court
Lucy Mathew vs District Collector on 9 August, 2023
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. 26148 OF 2023
PETITIONER:
LUCY MATHEW, AGED 45 YEARS
W/O MATHEW, PUTHUPARAMBIL HOUSE,
PALLIVASAL VILLAGE, THOOKKUPARA P.O,
IDUKKI DISTRICT, PIN - 685565
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, PAINVAU,
IDUKKI, PIN - 685502
2 REVENUE DIVISIONAL OFFICER
DEVIKULAM, IDUKKI DISTRICT - 685613
3 TAHSILDAR
TALUK OFFICE, DEVIKULAM,
IDUKKI DISTRICT - 685613
4 VILLAGE OFFICER
PALLIVASAL 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 SRI.SREEJITH
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. 26148 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.115615102581 to 10 KW in the tariff of LT
4A at the cost of the petitioner without insisting for NOC
from the respondents 1 to 4.
2. According to the petitioner, she is conducting a
small scale industry by name 'Appolo Industries',
manufacturing candles, cleaning lotions and similar
products after obtaining Ext.P2 license from the
Pallivasal Grama Panchayat. The petitioner requested
the respondents 5 and 6 to enhance the contract load of
the electricity connection of the petitioner bearing No.
115615102581 to 10 KW from the existing industrial
connection of 2KW at the cost of the petitioner, vide
Ext.P4. The 6th respondent refused to accept the
application on the reason that the 1st 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 the application of the petitioner to enhance the
connect load to 10 KW from the existing industrial
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, PALLIVASAL DATED
06.04.2023
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED BY THE
SECRETARY OF PALLIVASAL GRAMA PANCHAYAT DATED
09.05.2023
Exhibit P3 TRUE COPY OF THE ELECTRICITY BILL ISSUED TO
THE PETITIONER DATED 01.07.2023
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 6TH RESPONDENT DATED
24.07.2023
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
