Kerala High Court
A.Eswaran vs State Of Kerala on 14 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:85876
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
WP(C) NO. 40098 OF 2024
PETITIONER:
A.ESWARAN,
AGED 52 YEARS
S/O AYYAPPAN, HOUSE NO.8/259,
B.L.RAM, CHINNAKKANAL, IDUKKI DISTRICT,
PIN - 685618
BY ADV
LATHEESH SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
COLLECTORATE, PAINVAU,
IDUKKI, PIN - 685502
3 TAHSILDAR,
TALUK OFFICE, UDUMBANCHOLA TALUK,
NEDUMKANDAM,IDUKKI DISTRICT, PIN - 685553
4 VILLAGE OFFICER,
CHINNAKKANAL VILLAGE, IDUKKI DISTRICT,
PIN - 685618
5 THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL CIRCLE OFFICE, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685581
WP(C) NO. 40098 OF 2024 2
2024:KER:85876
6 THE ASSISTANT ENGINEER,
ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD LTD.,
RAJAKUMARY, IDUKKI DISTRICT, PIN - 685619
BY ADV
SRI. B. PREMOD-SC,
SRI. SREEJITH V.S.-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 40098 OF 2024 3
2024:KER:85876
D. K. SINGH, J.
--------------------------
W.P.(C) No. 40098 of 2024
-------------------------
Dated this the 14th day of November, 2024
JUDGMENT
The present writ petition is filed with the following
prayers;
1. Call for the entire records relating to Exts-P1 to
P3 from the respondents;
2. Issue a writ of mandamus or any other writ or
order or direction to the respondents 5 and 6 to
change the nature of tariff of the electricity
connection of the petitioner bearing consumer No.
1157093006565 from LT-7A to LT-4A and enhance
the connect load to 9 KW with three phase
connection at the cost of the petitioner without
insisting for NOC from the respondents 1 to 4 and
accept Ext-P3 application, as expeditiously as
possible within a time limit as fixed by this Hon'ble
Court;
3. Such other relief that this Honorable court may
deem fit to render justice to the Petitioner.
2. The question involved in this writ petition is
covered by the judgment of this Court in W.P.(C)No.10832/2017
dated 12.12.2018. The operative part of the said judgment
reads as under;
"In the afore perspective, I see no
reason why the petitioner should be denied the
benefit of an electric connection, since such
grant will not, for any reason, incapacitate the
Government Machinery from taking further
2024:KER:85876
action against the construction of the petitioner.
In the afore circumstances, I order this
writ petition and direct the fifth respondent to
consider the application of the petitioner for
enhancement of the electric connection to an HT
one and to complete the process on it as per law,
as expeditiously as is possible but not later than
two months from the date of receipt of a copy of
this judgment.
I make it clear that even if an HT
electric connection is granted to the petitioner,
it will not impede the Revenue Authorities from
initiating action against the construction, if it is
necessary in law and further that the petitioner
will not obtain any defence regarding the
construction, merely because such a connection
has been given to him. In other words, the grant
of HT connection will be subservient and subject
to all further action to be taken by the Revenue
Authorities against the building.
I clarify, more as a reiteration, that
the petitioner will be entitled to continue with
the business of running a resort in the building
in question only after he obtains or has already
obtained all necessary licences and consents,
including from the Local Self Government
Institution, Pollution Control Board and all
such other relevant authorities."
Since, the issue involved in this writ petition is covered
by the said judgment, the aforesaid writ petition is disposed of in
terms of the said judgment.
Sd/-
D. K. SINGH
JUDGE
MSA
2024:KER:85876
APPENDIX OF WP(C) 40098/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY THE SECRETARY OF
CHINNAKKANAL GRAMA PANCHAYAT DATED
04.07.2024
Exhibit P2 TRUE COPY OF THE ELECTRICITY BILL
ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER DATED 14.07.2024
Exhibit P3 TRUE COPY OF THE REQUEST OF THE
PETITIONER DATED 09.11.2024 ALONG WITH
ENGLISH TRANSLATION
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 33414/2024
DATED 30.09.2024
