Kerala High Court
Paunraj vs District Collector Idukki on 25 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 33601 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33601 OF 2024
PETITIONER/S:
PAUNRAJ
AGED 60 YEARS
S/O THANKAYYA, RAJ BHAVAN, TEA COMPANY, POTTANKAD P.O., BISON
VALLEY, DEVIKULAM, IDUKKI, PIN - 685565
BY ADVS.
V.S.SHIRAZ BAVA
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
T.R.VISHNU
NAINU P.A.
RESMI M.S.
ANJANA T.S.
RESPONDENT/S:
1 DISTRICT COLLECTOR IDUKKI
COLLECTORATE, PAINAVU, IDUKKI, PIN - 685502
2 THE DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE OFFICE,
THODUPUZHA, LDUKKI DISTRICT, PIN - 685581
3 ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION,
CHITRAPURAM, PIN - 685565
WP(C) NO. 33601 OF 2024
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OTHER PRESENT:
SRI.A. ARUN KUMAR-SC; SRI S GOPINATHAN SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed seeking the following
prayers:
"i) Issue a writ of Certiorari or any other writ or order setting aside
Exhibit P2 order passed by the 3rd Respondent;
ii) Issue writ of mandamus or any other writ or order or direction to
respondents 2 and 3 for provide a 3 phase connection with a
connected load of 10kW under LT-4A tariff in building bearing No:
113 in ward no. 8 of Bison Valley Grama Panchayat, Idukki at the cost
of the petitioner without insisting for NOC from the 1st respondent
as expeditiously as possible within a time limit as fixed by this
Hon'ble Court;
iii) Pass orders dispensing the filing of translation for vernacular
documents;
iv) Pass such other order or direction as this Hon'ble Court may deem
fit to grant in the circumstances of the case;"
2. Learned Counsel for the Kerala State Electricity Board
submits that the issue involved in this writ petition is covered by
the judgment dated 12.12.2018 passed in W.P.(C) No.10832/2017 by
this Court. The operative part of the said judgment, on
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reproduction would read as under:
"5. 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 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
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Institution, Pollution Control Board and all such other relevant
authorities."
3. Considering the aforesaid stand of the Kerala State
Electricity Board, the present writ petition is also disposed of in
terms of the judgment dated 12.12.2018 passed in W.P.(C)
No.10832/2017 by this Court.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
WP(C) NO. 33601 OF 2024
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APPENDIX OF WP(C) 33601/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED
02.09.2024 ISSUED BY THE VILLAGE OFFICER, BISON VALLEY
Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 05.09.2024
ISSUED BY THE 3RD RESPONDENT IS PRODUCED HEREWITH
ALONG WITH THE TRANSLATION
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
W.P(C) NO 10832/2017 DATED 12.12.2018
