Kerala High Court
Abad Copper Castle Resorts Pvt. Ltd vs District Collector on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15586 OF 2024
PETITIONER:
ABAD COPPER CASTLE RESORTS PVT. LTD
POTHAMEDU, MUNNAR, IDUKKI DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR
RIAZ AHMED., PIN - 685565.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, PAINVAU,
IDUKKI, PIN - 685502.
2 REVENUE DIVISIONAL OFFICER
DEVIKULAM, IDUKKI PIN - 685613.
3 TAHSILDAR
TALUK OFFICE, DEVIKULAM TALUK,
DEVIKULAM, IDUKKI - 685613.
4 VILLAGE OFFICER
PALLIVASAL VILLAGE,
IDUKKI DISTRICT - 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 - 685565.
BY ADVS.
SREEJITH V.S, GOVERNMENT PLEADER
B.PRAMOD, STANDING COUNSEL
W.P.(C)No.15586 of 2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15586 of 2024
:3:
JUDGMENT
Dated this the 12th day of April, 2024
The writ petition is filed by the petitioner seeking to
direct respondents 5 and 6 to enhance connect load of the
petitioner bearing No.1156154004686 to 199 KW from the
existing connect load of 43 KW at the cost of the petitioner
without insisting for NOC from respondents 1 to 4 and accept
the application for enhancing connect load as expeditiously
as possible within a time limit as fixed by this Court.
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. 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 NOC.
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 NOC
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
ams
APPENDIX OF WP(C) 15586/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER,
PALLIVASAL DATED 16.01.2024
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED BY THE
SECRETARY OF PALLIVASAL GRAMA
PANCHAYAT DATED 16.06.2023
Exhibit P3 TRUE COPY OF THE ELECTRICITY BILL
ISSUED BY THE 6TH RESPONDENT DATED
01.01.2024
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 6TH
RESPONDENT DATED 09.04.2024
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 3947/2024
DATED 01.02.2024
