Makkar M.M vs Kerala State Electricity Board
2023 Latest Caselaw 3361 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                   WP(C) NO. 26018 OF 2016
PETITIONER:

         MAKKAR M.M
         AGED 39 YEARS, MOLATH HOUSE,
         10TH MILE,VALARA P.O, ADIMALI, IDUKKI DISTRICT.
         BY ADVS.
         SRI.N.K.KARNIS
         SRI.LATHEESH SEBASTIAN

RESPONDENTS:

    1    KERALA STATE ELECTRICITY BOARD
         REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVANAM,
         PATTOM,THIRUVANANTHAPURAM, PIN-695 004.
    2    THE DEPUTY CHIEF ENGINEER
         KERALA STATE ELECTRICITY BOARD LTD.,
         ELECTRICAL CIRCLE OFFICE, THODUPUZHA,
         IDUKKI DISTRICT -685 584.
    3    THE ASST. ENGINEER
         KERALA STATE ELECTRICITY BOARD LTD.,
         ELECTRICAL SECTION, ADIMALI,IDUKKI DIST. -685 561.
    4    THE DISTRICT COLLECTOR
         COLLECTORATE, PAINAVU,.
         IDUKKI DISTRICT-685 603.
    5    REVENUE DIVISIONAL OFFICER
         DEVIKULAM, IDUKKI DISTRICT-685 613.
    6    THE ADDITIONAL TAHSILDAR
         TALUK OFFICE, DEVIKULAM,
         IDUKKI DISTRICT -685 613.
         BY ADVS.
         SRI.SUDHEER GANESH KUMAR R., SC, KSEB
         SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER
         SRI.K.M.FAISAL, GOVERNMENT PLEADER
         G.KEERTHIVAS


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.26018/2016

                                   2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.26018 of 2016
              ----------------------------------------------
            Dated this the 24th day of March, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

i. Call for the entire records relating to Exts-P1 to P10 from the respondents.

ii. Declare that the respondents 4 to 6 have no authority to issue directions like Exhibits.P5 to P7 over and above the requirements mentioned in Rule 45 of the Supply Code 2014;

iii. Issue a writ of mandamus or any other writ or order or direction to the respondents to provide electricity connection to the building of the petitioner bearing Nos.XIX/71/1 to 4 of Adimali Grama Panchayat without insisting for production of revenue records including No Objection Certificate (NOC) from the revenue authorities as expeditiously as possible or within a time frame as fixed by this Honourable Court.

iv. Such other relief that this Honorable court may deem fit to render justice to the Petitioner.

(SIC) WP(C).No.26018/2016

2. Petitioner is having a two storied building having

room numbers No.71/1 to 4 in Ward No.XIX of Adimali Grama

Panchayat. The property in which the petitioner constructed

the building is not a patta land, but the property is in the

possession of the petitioner and his family for the last 70 years

is the submission. The petitioner submitted application before

the 3rd respondent for providing electricity connection to the

building. But the 3rd respondent is refusing to provide

electricity to the building of the petitioner on the reason of non-

production of certificates from the Revenue Department to

prove ownership of the property, otherwise it would be contrary

to the conditions in the K.S.E.B Terms and Conditions of Supply,

2005 and the Supply Code 2014 framed by the Kerala State

Electricity Regulatory Commission. Hence this writ petition.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader. I also heard the learned Standing

Counsel appearing for respondents 1 to 3.

4. The short point raised by the petitioner is that there

may be a direction to the Electricity Board to provide electricity

connection to the petitioner in the building already

constructed. The Government Pleader, on the other hand, WP(C).No.26018/2016

submitted that the petitioner has not patta in the property.

But it is an admitted fact that the petitioner constructed a

building without obtaining a No Objection Certificate from

Revenue Department. Simply because respondents 1 to 3

gave an electricity connection to the petitioner's building, the

petitioner will not get any right in the property. If the

petitioner has no right in the property, the revenue authorities

are free to proceed in accordance with law. But when an

application for electricity connection is submitted, the

Electricity Board can give connection to the petitioner subject

to the condition that the revenue authorities can proceed in

accordance with law against the properties, if there is any

violation of law.

Therefore, this writ petition is disposed of in the

following manner:

1. The 3rd respondent is directed to give electricity

connection to the petitioner's building bearing

No.XIX/71/1 to 4 of Admiali Grama Panchayat

without insisting for production of revenue

records including No Objection Certificate from

the revenue authorities, as expeditiously as WP(C).No.26018/2016

possible, at any rate, within one month from the

date of receipt of a stamped certified copy of this

judgment, on condition that the petitioner will

comply all other conditions including payment of

charges, etc.

2. I make it clear that simply because the petitioner

obtained electricity connection to the building,

that will not give any right to the petitioner in

the property and the revenue authorities are

free to proceed in accordance with law, if there

is any violation.

sd/-

                                         P.V.KUNHIKRISHNAN
JV                                              JUDGE
 WP(C).No.26018/2016





                 APPENDIX OF WP(C) 26018/2016

PETITIONER EXHIBITS
EXHIBIT-P1         TRUE COPY OF THE PROPERTY TAX RECEIPTS

ISSUED BY THE ADIMALY GRAMA PANCHAYAT EXHIBIT-P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF SHOP ROOM BEARING NO.XIX/71/1.

EXHIBIT-P2(A) TRUE COPY OF THE OWNERSHIP CERTIFICATE OF SHOP ROOM BEARING NO.XIX/71/2.

EXHIBIT-P2(B) TRUE COPY OF THE OWNERSHIP CERTIFICATE OF SHOP ROOM BEARING NO.XIX/71/3.

EXHIBIT-P2(C) TRUE COPY OF THE OWNERSHIP CERTIFICATE OF SHOP ROOM BEARING NO.XIX/71/4.

EXHIBIT-P3 TRUE COPY OF THE RELEVANT PAGES OF PROPERTY TAX REGISTER OF THE BUILDING OF THE PETITIONER.

EXHIBIT-P4 TRUE COPY OF THE RECEIPT OF APPLICATION FEE IN RESPECT OF SHOP ROOM BEARING NO.XIX/71/1.

EXHIBIT-P4(A) TRUE COPY OF THE RECEIPT OF APPLICATION FEE IN RESPECT OF SHOP ROOM BEARING NO.XIX/71/2.

EXHIBIT-P4(B) TRUE COPY OF THE RECEIPT OF APPLICATION FEE IN RESPECT OF SHOP ROOM BEARING NO.XIX/71/3.

EXHIBIT-P4(C) TRUE COPY OF THE RECEIPT OF APPLICATION FEE IN RESPECT OF SHOP ROOM BEARING NO.XIX/71/4.

EXHIBIT-P5 TRUE COPY OF THE LETTER OF THE 6TH RESPONDENT DATED 27.11.2015 EXHIBIT-P6 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 3.3.2016 EXHIBIT-P7 TRUE COPY OF THE LETTER OF THE 6TH RESPONDENT DATED 30.3.2016 EXHIBIT-P8 TRUE COPY OF THE JUDGTMENT OF THIS HONOURABLE COURT DATED 27.5.2016 IN WPC NO.7285/2016 EXHIBIT-P9 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 21.6.2016 EXHIBIT-P10 TRUE COPY OF THE G.O(MS)NO.211/2012.