Kerala High Court
Shaju.T.N vs Kerala State Electricity Board Ltd on 7 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 38244 OF 2024 1
2024:KER:83041
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 38244 OF 2024
PETITIONER:
SHAJU.T.N.,
AGED 58 YEARS
S/O NARAYANAN, THURUTHEL HOUSE, GLENMARY.P.O.,
PEERMADE, IDUKKI, PIN - 685531
BY ADVS.
A.V.JOJO
A.X.VARGHESE
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD,
REP.BY ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL
SECTION, PEERMADE, IDUKKI DISTRICT, PIN - 685531
2 THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD,
PEERMADE, IDUKKI DISTRICT, PIN - 685531
SRI, NIRMAL.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38244 OF 2024 2
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JUDGMENT
The present Writ Petition has been filed impugning Ext.P6
proceedings dated 10.10.2024, in which the petitioner's
application for providing electricity connection to house
No.348/A in Ward 13 of Peermade Grama Panchayat was
rejected on the ground that the place to which the petitioner is
seeking electricity connection is a temporary shed and not a
building.
2. The learned counsel for the petitioner submits that
the Grama Panchayat would not allow the building number to a
temporary shed, and therefore, the ground taken for rejecting
the application to provide the electricity connection to the
petitioner is wholly untenable. He further submits that, the
photograph would also disclose that the permanent structure
has been put in by the petitioner.
3. I heard Smt. Veena Hari, learned Counsel for the
respondent Board. She does not dispute the fact that if the
building number has been allotted to a structure, it would not be
a temporary shed. She, therefore, submits that the petitioner
2024:KER:83041
may apply a fresh for electricity connection and it shall be
considered expeditiously, in accordance with law.
Considering the aforesaid stand of the respondent Board,
the present Writ Petition is disposed of with liberty to the
petitioner to apply afresh and the respondent Board shall take
necessary decision on the said application in accordance with law
without any delay. Ext.P6 proceedings are quashed. Once the
petitioner makes the application, the Board shall process the
application and take necessary decision within a period of one
month thereafter.
Sd/-D. K. SINGH
JUDGE
lsn
2024:KER:83041
APPENDIX OF WP(C) 38244/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PATTA BEARING NO.C1-
11808/14 DATED 29/12/2021 ISSUED BY THE
TAHSILDAR, PEERMADE TO THE PETITIONER AND
OTHERS ALONG WITH ITS ENGLISH TRANSLATION.
Exhibit P2 PHOTOGRAPH SHOWING THE RESIDENTIAL
BUILDING CONSTRUCTED BY THE PETITIONER.
Exhibit P3 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED FROM THE PEERMADE GRAMA PANCHAYATH
TO THE PETITIONER AND OTHERS DATED
6/7/2022 .
Exhibit P4 THE TRUE COPY OF THE STATEMENT GIVEN BY
THE SECRETARY, PEERMADE GRAMA PANCHAYATH
TO THE PETITIONER DATED 11/10/2022 ALONG
WITH ITS ENGLISH TRANSLATION .
Exhibit P5 THE TRUE COPY OF THE COMPLAINT GIVEN TO
THE 1ST RESPONDENT BY THE PETITIONER DATED
9/8/2024 ALONG WITH ITS ENGLISH
TRANSLATION.
Exhibit P6 THE TRUE COPY OF THE PROCEEDINGS DATED
10/10/2024 OF THE 1ST RESPONDENT ALONG
WITH ITS ENGLISH TRANSLATION .
Exhibit P7 PHOTOGRAPH SHOWING THE BUILDING OF AMMINI
MADHAVAN .
