Sam V.S vs District Collector
2023 Latest Caselaw 10071 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. 28442 OF 2023
PETITIONER:

              SAM V.S
              AGED 60 YEARS
              S/O KURIAN STEPHAN, VANCHINTHANATHU, CHRUVANDOOR, ETTUMANUR
              P.O, PEROOR, KOTTAYAM DISTRICT, PIN - 686631

              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
              ANAVIRATTY VILLAGE, IDUKKI DISTRICT, PIN - 685561

     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.
              RESMI THOMAS, 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.28442 OF 2023
                ==============================
          Dated this the 18th day of September, 2023

                                JUDGMENT

Petitioner is having 11.82 hectors of property in

Anaviratty Village of Devikulam Taluk, and has three phase

electricity connection with connect load of 15KW. He seeks

for another three phase connection with connected load of

20KW for agricultural purpose.

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, 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. WP(C) No.28442 OF 2023

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 Revenue Authorities to initiate

appropriate steps and also that this order will not

vest any right on the petitioner.

SATHISH NINAN JUDGE NB/18-9 APPENDIX OF WP(C) 28442/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ANAVIRATTY VILLAGE DATED 02.08.2023

EXHIBIT P2 TRUE COPY OF THE TEMPORARY RESIDENTIAL CERTIFICATE ISSUED BY THE SECRETARY OF PALLIVASAL GRAMA PANCHAYAT WHILE REMITTING PROPERTY TAX DATED 14.07.2023

EXHIBIT P3 TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE PETITIONER DATED 13.07.2023

EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 12.08.2023

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