S.Suresh Babu vs District Collector
2023 Latest Caselaw 9789 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE SATHISH NINAN
  WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                                  1945
                      WP(C) NO. 21321 OF 2023
PETITIONERS:

              S.SURESH BABU, AGED 49 YEARS
              S/O SANKARAN NAIR, GOPALAKRISHNA BHAVANAM,
              CHITHIRAPURAM P.O., ANACHAL,
              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.
          GOVERNMENT PLEADER SMT.MABLE.C.KURIAN FOR R1 TO R4
          R5 & R6 BY SRI.D.PREMOD
          A.ARUNKUMAR A
       THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                       Sathish Ninan, J.
              ==============================
                  WP(C) No.21321 OF 2023
                ==========================
        Dated this the 13th day of September, 2023

                            JUDGMENT

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,

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.

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 over the property or the building.

Sd/- Sathish Ninan, Judge

amk APPENDIX OF WP(C) 21321/2023

PETITIONER'S EXHIBITS :

ExhibitP1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT DATED 11.06.2023

ExhibitP2 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE SECRETARY OF PALLIVASAL GRAMA PANCHAYAT ALONG WITH DETAILS OF ASSESSMENT OF PROPERTY TAX DATED 11.06.2023

ExhibitP3 TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE PETITIONER ON 06.05.2023

ExhibitP4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 19.06.2023

ExhibitP5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P. (C) NO 10832/2017 DATED 12.12.2018

ExhibitP6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO 16301 OF 2023 DATED 31.05.2023