Kerala High Court
John Britto vs The District Collector on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16230 OF 2024
PETITIONER
JOHN BRITTO
AGED 42 YEARS
S/O ARUL DAS, JASMIN BHAVAN,
DESEEYAM KUNJITHANNY. P. O,
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.16230 of 2024
2
6 THE ASSISTANT ENGINEER
ELECTRICAL SECTION, KERALA STATE ELECTRICITY
BOARD LTD, CHITHIRAPURAM,
IDUKKI DISTRICT, PIN - 685565
SRI. AJITH VISWANATHAN-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16230 of 2024
3
JUDGMENT
Dated this the 23rd day of April, 2024
The writ petition is filed by the petitioner seeking to direct
respondents 5 and 6 for LT4A three phase electricity
connection with a connected load of 6000 Watt for the
purpose of his small scale, Engineering works units attached
to his house.
2. The grievance of the petitioner is that the
application is not either being accepted or not considered by
the 6th 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
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
APPENDIX OF WP(C) 16230/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE UDYOG ADHAR
MEMORANDUM, DOWNLOADED FROM DEVIKULAM,
DATED NIL
Exhibit P2 A TRUE COPY OF THE LETTER BY THE
ASSISTANT DISTRICT INDUSTRIAL OFFICER
DEVIKULAM TALUK, TO THE 6TH RESPONDENT
DATED 5.04.2024
Exhibit P3 A TRUE COPY OF THE COMPLETION
CERTIFICATE OF ELECTRICAL INSTALLATION
DATED NIL
Exhibit P4 A TRUE COPY OF THE APPLICATION FORM
FOR LT 4A CONNECTION, SUBMITTED BY THE
PETITIONER BEFORE THE 6TH RESPONDENT
DATED NIL.
Exhibit P5 A TRUE COPY OF THE REJECTION LETTER BY
THE OFFICE OF THE 6TH RESPONDENT
ASSISTANT ENGINEER, KSEB,
CHITHIRAPURAM, DATED 15.04.2024
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 THE JUDGMENT DATED
7.09.2023 IN WP(C) NO.29138/2023 OF
THIS HON'BLE COURT
Exhibit P9 A TRUE COPY OF THE JUDGMENT IN WP(C)
NO. 37750/2022 DATED 25.11.2022 OF
THIS HON'BLE COURT
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED
07.09.2023 IN WRIT PETITION (C). NO.
29009/2023 OF THIS HON'BLE COURT
