V.A Abdul Raheem vs District Collector
2023 Latest Caselaw 10063 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                             WP(C) NO. 28809 OF 2023
PETITIONER:

              V.A ABDUL RAHEEM
              AGED 68 YEARS
              S/O ABDUL RAHMAN, PROPRIETOR SILVERGROVE HOSPITALITY,
              CHITHIRAPURAM, MUNNAR, IDUKKI DISTRICT, PIN - 685565

              BY ADV LATHEESH SEBASTIAN



RESPONDENTS:

     1        DISTRICT COLLECTOR
              COLLECTORATE, PAINVAU, IDUKKI, PIN - 685502

     2        REVENUE DIVISIONAL OFFICER
              DEVIKULAM, IDUKKI DISTRICT, PIN - 685613

     3        TAHSILDAR
              TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT, PIN - 685613

     4        VILLAGE OFFICER
              PALLIVAASL VILLAGE, IDUKKI DISTRICT, PIN - 685565

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

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

              BY ADVS.
              IMAM GRIGORIOS KARAT, GOVERNMENT PLEADER
              B. PREMOD, SC, KSEB.
              ARUNKUMAR A

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                         SATHISH NINAN, J.
                ==============================
                   W.P.(C) No.28809 OF 2023
                ==============================
          Dated this the 18th day of September, 2023

                                    JUDGMENT

Petitioner is conducting a hotel and resort in

16 ares of property in Pallivasal Village of

Devikulam Taluk. Petitioner's building has a Low

Tension Connection (LT Connection). He seeks for

converting the connection as High Tension Connection

(HT Connection).

2. The grievance of the petitioner is that the

application is not either being accepted or not

considered by the Kerala State Electricity Board (for

short 'the Board') for the reason that No Objection

Certificate (for short 'NOC') from the Revenue

Department has not been produced by him.

3. In WP(C)Nos.10832 of 2017 and 16301 of 2023, WP(C) No.28809 OF 2023

this Court has already held that the Board is

not entitled to raise such an objection and that

they are bound to accept and consider the

application, without insisting for NOC. However,

the same will not affect the rights of the

Revenue to initiate appropriate steps in

accordance with law.

4. I am inclined to follow the directions in

the earlier judgments.

Accordingly, the writ petition is disposed

of, directing the Board to accept the

application of the petitioner, if not already

accepted, consider the same and take appropriate

action thereon, without insisting for NOC from

the Revenue. However, it is clarified that this

would be without prejudice to the rights of the WP(C) No.28809 OF 2023

Revenue Authorities to initiate appropriate

steps and also that this order will not vest any

right on the petitioner over the property or the

building.

Sd/-

SATHISH NINAN JUDGE NB/18-9 APPENDIX OF WP(C) 28809/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE PETITIONER DATED 02.06.2023

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 07.08.2023

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO 10832/2017 DATED 12.12.2018

EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P. (C) NO 16301 OF 2023 DATED 31.05.2023

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE