Kerala High Court
Kecey International Llp vs Kerala State Electricity Board ... on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 11072 OF 2023
PETITIONERS:
1 KECEY INTERNATIONAL LLP
REGISTRATION NO.AAW 0453, REGD. OFFICE 10/247,
KIZHAKKECHALIL HOUSE, CHERANDATHOOR P.O., VADAKARA,
PIN 673101. REPRESENTED BY ITS PARTNER - KIZHAKKECHALIL
ABDUL KAREEM.
2 KANDIPARAMBATH RISANA K.P.
AGED 23 YEARS
D/O KUNHAMMED, MANDARATHOOR P.O., MANIYOOR VILLAGE,
VADAKARA TALUK, KOZHIKODE., PIN - 673105.
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.
OFFICE OF THE ASSISTANT ENGINEER, KAMBALAKKAD, WAYANAD,
REPRESENTED BY ASSISTANT ENGINEER., PIN - 673122.
2 ASSISTANT ENGINEER
ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD
LTD., KAMBALAKKAD, WAYANAD., PIN - 673122.
3 HAMZA HAJI
AGED 53 YEARS
S/O ANTHRU HAJI, KIZHAKKAYIL HOUSE, KAMBALAKKAD POST,
KANIYAMBETTA AMSOM DESOM, VYTHIRI TALUK, WAYANAD.,
PIN - 673122.
4 P.P. RAMLA
AGED 45 YEARS
W/O HAMZA HAJI, KIZHAKKAYIL HOUSE, KAMBALAKKAD POST,
KANIYAMBETTA AMSOM DESOM, VYTHIRI TALUK, WAYANAD.,
PIN - 673122.
WP(C) NO. 11072 OF 2023 2
SRI.ARUK KUMAR K S, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11072 OF 2023 3
JUDGMENT
Petitioners are owners of property comprised in Sy.No.96/6 of
Kaniyambetta Village, Vythiri Taluk, Wayanad District. They have
constructed a nonresidential (commercial) building in the aforesaid
property and after completion of the construction, they approached the 2 nd
respondent for an electricity connection. However, as per Ext.P16
communication, the 2nd respondent informed that the electricity connection
cannot be provided to them at the moment as the 3 rd respondent submitted
some objection to the effect that certain litigations are pending between the
parties in respect of the property. This writ petition is submitted in such
circumstances.
2. Heard Sri.Vinod Bhat, the learned counsel appearing for the
petitioners and Sri.A.Arunkumar, the learned Standing Counsel appearing
for respondents 1 and 2.
3. Today when the matter came up for consideration, the learned
Standing Counsel up on instructions submitted that Ext.P16 notice was
issued to the petitioners in view of the fact that the 3 rd respondent informed
the 2nd respondent that an order restraining the authorities, from giving
electricity connection to the petitioners passed by a Court of law is in
operation and due to the same, the connection was not granted. It is
further pointed out that as on today no such prohibitory order has been
made available by the 3rd respondent.
4. After considering all the relevant inputs, I am of the view that
merely because of the reason that litigations are pending in connection
with the property in question, the electricity connection cannot be denied
to a consumer. The right to have an electricity connection is a statutory
right as contemplated under Section 43 of the Electricity Act, 2003 and
therefore unless there are valid and sustainable reasons, the same cannot be
denied. In this case, it appears that there are no prohibitory orders issued
by any of the competent authorities and hence there cannot be any legal
impediment in granting electricity connection to the petitioners.
In such circumstances, this writ petition is disposed of directing the
2nd respondent to consider the application submitted by the petitioners for
electricity connection and grant the same, as expeditiously as possible, if it
is in order, unless there exists any prohibition order passed by any
competent court, and same has been placed before the 2 nd respondent. In
case, the 3rd and 4th respondents have any objection to the same, they can
invoke their legal remedies and this order shall not preclude them from
exercising such rights.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
Sru
APPENDIX OF WP(C) 11072/2023
PETITIONERS EXHIBITS
Exhibit P1 COPY OF SALE DEED NO.482/2022 OF SRO,
PANAMARAM.
Exhibit P1(a) COPY OF SALE DEED NO.796/2022 OF SRO,
PANAMARAM.
Exhibit P2 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1421/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/A.
Exhibit P3 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1418/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/B.
Exhibit P4 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1416/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/C.
Exhibit P5 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1430/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/D.
Exhibit P6 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1427/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/E.
Exhibit P7 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1404/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/F.
Exhibit P8 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1398/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/G.
Exhibit P9 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1413/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/H.
Exhibit P10 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1408/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/J.
Exhibit P11 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1406/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/K.
Exhibit P12 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1402/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/L.
Exhibit P13 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1399/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/M.
Exhibit P14 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1396/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/N.
Exhibit P15 COPY OF OWNERSHIP CERTIFICATE NO.
5109401/1394/2022 DATED 06-10-2022 ISSUED
BY KANIAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO.937/P.
Exhibit P16 COPY OF ORDER/COMMUNICATION NO.
DB49/KPKD/2022-23/124 DATED 22-02-2022
ISSUED BY 2ND RESPONDENT.
Exhibit P17 COPY OF PLAINT - O.S.72/2022 ON THE FILES
OF MUNSIFF'S COURT, KALPETTA.
Exhibit P18 COPY OF THE ORDER DATED 02-04-2022 IN
I.A.2/2022 IN O.S.72/2022 OF MUNSIFF
MAGISTRATE COURT, KALPETTA.
Exhibit P19 COPY OF PLAINT - O.S.77/2022 ON THE FILES
OF MUNSIFF'S COURT, KALPETTA.
Exhibit P20 COPY OF ORDER DATED 06-04-2022 IN
I.A.2/2022 IN O.S.77/2022 OF MUNSIFF'S
COURT, KALPETTA.
Exhibit P21 COPY OF PROPERTY TAX RECEIPT NO.
1220301547/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/A.
Exhibit P22 COPY OF PROPERTY TAX RECEIPT NO.
1220301548/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/B.
Exhibit P23 COPY OF PROPERTY TAX RECEIPT NO.
1220301549/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/C.
Exhibit P24 COPY OF PROPERTY TAX RECEIPT NO.
1220301550/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/D.
Exhibit P25 COPY OF PROPERTY TAX RECEIPT NO.
1220301551/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/E.
Exhibit P26 COPY OF PROPERTY TAX RECEIPT NO.
1220301552/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/F.
Exhibit P27 COPY OF PROPERTY TAX RECEIPT NO.
1220301553/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/G.
Exhibit P28 COPY OF PROPERTY TAX RECEIPT NO.
1220301554/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/H.
Exhibit P29 COPY OF PROPERTY TAX RECEIPT NO.
1220301555/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/J.
Exhibit P30 COPY OF PROPERTY TAX RECEIPT NO.
1220301556/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/K.
Exhibit P31 COPY OF PROPERTY TAX RECEIPT NO.
1220301557/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/L.
Exhibit P32 COPY OF PROPERTY TAX RECEIPT NO.
1220301558/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/M.
Exhibit P33 COPY OF PROPERTY TAX RECEIPT NO.
1220301559/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/N.
Exhibit P34 COPY OF PROPERTY TAX RECEIPT NO.
1220301560/G120205 DATED 06-10-2022 ISSUED
BY KANIYAMBETTA GRAMA PANCHAYAT IN RESPECT
OF BUILDING NO. 937/P.
Exhibit P35 COPY OF NOTICE OF ASSESSMENT ORDER NO.
C1/143373-221025/2022 DATED 29-01-2023 OF
TAHSILDAR, VYTHIRI TALUK OFFICE.
Exhibit P36 COPY OF ORDER DATED 27-10-2022 IN W.P.(C)
34271/2022 OF HIGH COURT OF KERALA.
RESPONDENTS EXHIBITS : NIL
