Kerala High Court
Jimmy K.I vs District Collector on 27 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 23029 OF 2024
PETITIONER:
JIMMY K.I
AGED 55 YEARS, S/O PAULOSE IPPATHIRI,
KUZHIYANJAL HOUSE, NJARALLOOR KARA,
KIZHAKKAMBALAM P.O., PATTIMATTOM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM - 683562.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, PAINVAU,
IDUKKI, PIN - 685502.
2 REVENUE DIVISIONAL OFFICER
DEVIKULAM, IDUKKI - 685613.
3 TAHSILDAR
TALUK OFFICE, UDUMBANCHOLA TALUK,
NEDUMKANDAM, IDUKKI - 685553.
4 VILLAGE OFFICER
SANTHANPARA VILLAGE,
IDUKKI PIN - 685619.
5 THE DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL CIRCLE OFFICE,
THODUPUZHA, IDUKKI PIN - 685581.
6 THE ASSISTANT ENGINEER
ELECTRICAL SUB DIVISION,
W.P.(C)No.23029 of 2024
:2:
KERALA STATE ELECTRICITY BOARD LTD.,
RAJAKUMARY, IDUKKI PIN - 685619.
BY ADV.SRI.B.PREMOD, STANDING COUNSEL
SRI.M.H.HANILKUMAR, SPCL.GOVERNMENT PLEADER
(REVENUE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.23029 of 2024
:3:
JUDGMENT
Dated this the 27th day of June, 2024
The writ petition has been filed by the petitioner seeking
to direct respondents 5 and 6 to enhance the connect load of
the electricity connection of the petitioner bearing
No.1157098028328 to 30 KW and change tariff from LT-6F to
LT-7A or as domestic at the cost of the petitioner, without
insisting for NOC from respondents 1 to 4 as expeditiously as
possible within a time frame.
2. The grievance of the petitioner is that the
application is neither being accepted nor 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. I have heard the learned Counsel for the petitioner,
Sri.M.H.Hanilkumar, the learned Special Government Pleader
representing respondents 1 to 4 and Sri.B.Pramod, the
learned Standing Counsel representing respondents 5 and 6.
4. 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.
5. 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
ams
APPENDIX OF WP(C) 23029/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER,
SANTHANPARA DATED 07.09.2023
Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY THE SECRETARY OF SANTHANPARA
GRAMA PANCHAYAT DATED 20.06.2024
Exhibit P3 TRUE COPY OF THE LETTER OF THE 6TH
RESPONDENT DATED 04.04.2024
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C) NO 10832/2017
DATED 12.12.2018
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.(C) NO 29138 /
2023 DATED 07.09.2023
