Kerala High Court
Shaji Abraham vs District Collector , Idukki on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024/22ND CHAITHRA, 1946
WP(C) NO. 15218 OF 2024
PETITIONER:
SHAJI ABRAHAM,
AGED 59 YEARS,
S/O.ABRAHAM,
MEKUNNEL HOUSE KOTHAMANGALAM VILLAGE,
KOTHAMANGALAM TALUK,
KUTHUKUZHI P.O.,
PIN - 686691
BY ADVS.
SAJI MATHEW
SABU JOSEPH
DEEPU ANIL
RESPONDENTS:
1 DISTRICT COLLECTOR,
IDUKKI
COLLECTORATE, PAINAVU,
IDUKKI, PIN - 685502
2 REVENUE DIVISIONAL OFFICER,
DEVIKULAM
DEVIKULAM IDUKKI DISTRICT, PIN - 685613
3 TAHSILDAR,
TALUK OFFICE,
DEVIKULAM TALUK DEVIKULAM,
IDUKKI DISTRICT, PIN - 685613
4 VILLAGE OFFICER,
PALLIVASAL VILLAGE,
PALLIVASAL,
IDUKKI DISTRICT, PIN - 685613
5 THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL CIRCLE OFFICE,
THODUPUZHA,
IDUKKI DISTRICT, PIN - 685581
W.P.(C) No.15218/2024
:2:
6 THE ASSISTANT ENGINEER,
ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD LIMITED,
CHITHIRAPURAM,
IDUKKI DISTRICT,
PIN - 685561
BY ADVS.
SRI.NIRMAL S.,
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.15218/2024
:3:
JUDGMENT
Dated this the 11th day of April, 2024
The writ petition is filed by the petitioner seeking
to direct respondents 5 and 6 to accept and consider the
application of the petitioner, mentioned in Ext.P4, for
enhancement of electric connection in Consumer
Nos.1156159009911 and 1156156006639 to 3 phase
electric connection, without insisting No Objection
Certificate from the Revenue Authorities.
2. The grievance of the petitioner is that the
application is neither being accepted nor being considered
by the Kerala State Electricity Board for the reason that No
Objection Certificate from the Revenue Department has not
been produced by him.
3. I have heard the learned counsel for the
petitioner and the learned counsel Sri.S.Nirmal appears for
the Electricity Board.
4. In W.P.(C) Nos.10832 of 2017, 29138 of 2023
and 35223 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 Certificate. However, the same
will not affect the right 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 respondents 5 and 6 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 Department.
However, it is clarified that this would be without prejudice
to the right 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
SR
APPENDIX OF WP(C) 15218/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE BUILDING TAX RECEIPT
NO.1230303115 /G060105 DATED 29.02.24
ISSUED BY THE PALLIVASAL GRAMA
PANCHAYAT IN FAVOUR OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE OWNERSHIP
CERTIFICATE NO.A3-1269/12 DATED
11/4/2012 WITH RESPECT TO BUILDING
NO.V/81
Exhibit P 3 TRUE COPY OF THE OWNERSHIP
CERTIFICATE NO.A3-1269/12 DATED
11/4/2012 WITH RESPECT TO BUILDING
NO.V/82A
Exhibit P4 TRUE COPY OF REPLY NO.DB.30/23-
24/142/AE/ES/CPM DATED 13.11.2023,
ISSUED BY THE RESPONDENT NO.6 TO THE
PETITIONER
Exhibit P5 A TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON`BLE COURT IN W.P( C )
NO.10832/2017 DATED 12.12.2018
Exhibit P6 A TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON`BLE COURT IN W.P ( C )
NO.29138/2017 DATED 7.09.2023
Exhibit P7 A TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON`BLE COURT IN WP (C)
NO.35223/ 2023 DATED 06.11.2023.
