Tomy Cherian vs The District Collector
2024 Latest Caselaw 10198 Ker

Kerala High Court

Tomy Cherian vs The District Collector on 5 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
          FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                         WP(C) NO. 14012 OF 2024
PETITIONER:

              TOMY CHERIAN
              AGED 57 YEARS
              S/O CHERIAN, MANGALASSERIL,
              MANGALASSERIL, KAKKOOR (P.O), THIRUMARADY,
              ERNAKULAM DISTRICT PIN- 686662
              NOW RESIDING AT MANGALASSERIL, PALLIVASAL,
              ATTUKAD, IDUKKI DISTRICT, PIN - 685565

              BY ADVS.
              N.K.SHYJU
              GIREESH PANKAJAKSHAN
              VISHNU MOHAN
              SAHLA NECHIYIL
              ATHIRA PADMENDHU


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, PAINAVU,
              IDUKKI DISTRICT, PIN - 685502
     2        REVENUE DIVISIONAL OFFICER
              DEVIKULAM, IDUKKI DISTRICT,
              PIN - 685613
     3        THE TAHSILDAR
              TALUK OFFICE, DEVIKULAM,
              IDUKKI DISTRICT, PIN - 685613
     4        VILLAGE OFFICER
              BYSONVALLY VILLAGE, POTTANKAD,
              IDUKKI DISTRICT, PIN - 685655
     5        THE DEPUTY CHIEF ENGINEER
              KERALA STATE ELECTRICITY BOARD LTD
              ELECTRICAL CIRCLE OFFICE, THODUPUZHA,
              IDUKKI DISTRICT, PIN - 685581
 WP(C) No.14012 Of 2024
                            2




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

         SRI.SREEJITH V.S-GOVERNMENT PLEADER
         SRI.B.PRAMOD(STANDING COUNSEL)-


     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.14012 Of 2024
                               3




                         JUDGMENT

Dated this the 5th day of April, 2024

The writ petition has been filed by the petitioner seeking

to direct respondents 5 and 6 to enhance the connected load

from 2 KW to 25 KW and change tariff from 6F to 7A for

commercial purposes.

2. The grievance of the petitioner is that the application

is not either being accepted or not considered by the 6 th

respondent-Assistant Engineer, Kerala State Electricity Board

for the reason that No Objection Certificate from the Revenue

Department has not been produced by him.

3. In W.P.(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 No Objection WP(C) No.14012 Of 2024

Certificate. 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

6th respondent-Assistant Engineer to accept the application of

the petitioner, if not already accepted, consider the same and

take appropriate action thereon, without insisting for No

Objection Certificate 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 judgment will not vest any right on the petitioner over the

property or the building.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.14012 Of 2024

APPENDIX OF WP(C) 14012/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLETION CERTIFICATE OF ELECTRICAL INSTALLATION DATED 30/3/2024 Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 28.12.2023, ISSUED BY THE PALLIVASAL GRAMA PANCHAYAT Exhibit P3 A TRUE COPY OF THE APPLICATION FORM FOR ENHANCEMENT, SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 30.03.2024 Exhibit P3(a) A TRUE COPY OF THE APPLICATION FORM FOR TARIFF CHANGE, SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 30.03.2024 Exhibit P4 A TRUE COPY OF THE REJECTION LETTER ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT ASSISTANT ENGINEER, KSEB, CHITHIRAPURAM, DATED 30.03.2024 Exhibit P5 7. A TRUE COPY OF THE ELECTRICITY BILL PAID BY THE PETITIONER DATED 01.02.2024 Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 24.03.2023 IN WP(C) NO. 26018 OF 2016, THIS HONOURABLE COURT Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 12.12.2018 IN WP (C) NO. 10832/2017 OF THIS HON'BLE COURT Exhibit P8 A TRUE COPY OF THAT JUDGMENT DATED 7.09.2023 IN WRIT PETITION (C) NO.29138/2023 OF THIS HON'BLE COURT Exhibit P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

37750/2022 DATED 25.11.2022 OF THIS HON'BLE COURT Exhibit P10 THE TRUE COPY OF THE JUDGMENT DATED 07.09.2023 IN WRIT PETITION (C). NO. 29009/2023 OF THIS HONOURABLE COURT