[Cites 0, Cited by 0]
Kerala High Court
M/S. Ice Hills Resorts Pvt Ltd vs The Chief Executive Engineer on 13 January, 2026
2026:KER:2185
WP(C) NO.45053 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA, 1947
WP(C) NO. 45053 OF 2025
PETITIONER/S:
M/S. ICE HILLS RESORTS PVT LTD.,
A COMPANY REGISTERED UNDER THE PROVISIONS OF
INDIAN COMPANIES ACT 2013, HAVING ITS REGD.
OFFICE AT VALAKODU KARA, MATHAIPARA P.O.,
VAGAMON VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT
REPRESENTED BY ITS MANAGING DIRECTOR, FINIX
PUTHUVA VARGHESE, AGED 44 YEARS, S/O. VARGHESE
P.P., PUTHUVA HOUSE, MALAYIDAMTHURUTH KARA,
KIZHAKKAMBALAM VILLAGE, KUNNATHNAD TALUK,
ERNAKULAM DISTRICT, PIN - 685505
BY ADV SRI.K.R.SUNIL
RESPONDENT/S:
1 THE CHIEF EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD, POWER HOUSE
ROAD, TRIVANDRUM, PIN - 695004
2 THE EXECUTIVE ENGINEER,
OFFICE OF EXECUTIVE ENGINEER, PEERMADE P.O.,
AZHUTHA, IDUKKI DISTRICT, PIN - 685531
3 THE REVENUE DIVISIONAL OFFICER,
/THE ADDITIONAL DISTRICT MAGISTRATE, IDUKKI
DISTRICT, PIN - 685001
SRI. JIMMY GEORGE, SR. GP.
SRI.B.PREMOD, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:2185
WP(C) NO.45053 OF 2025
2
JUDGMENT
The petitioner is a Private Limited Company, running a Resort in
the name and style of M/S. Ice Hills Resorts Pvt.Ltd (Vagamon). For the
conduct of the business, the petitioner approached the 2nd respondent
for the installation of a 160 KVA transformer, including laying of a 1200
metre cable network, connected to the transformer and also for the
erection of the required electric posts. On receipt of the application, the
2nd respondent directed the petitioner to remit an amount of Rs.
24,08,113/- (Rupees Twenty Four Lakhs eight Thousand and One
Hundred and Thirteen only) to the Board towards the cost of a 160 KVA
transformer, the value of the cable network and also for the installation
of electric posts.
2. Petitioner submits that the said amount has been paid. The
petitioner apprehends that the Board would permit further drawing of
the line from the transformer, for which he has paid, which will
adversely affect the load required, apart from resulting in voltage
fluctuation, which will adversely affect the functioning of the
petitioner's resort.
2026:KER:2185
WP(C) NO.45053 OF 2025
3. A counter affidavit has been filed on behalf of the respondents
1 and 2, the relevant portions of which reads as follows;
"(5). The petitioner is governed by Regulation
24 of the Supply Code 2014 which states as
follows;
24.The service line, meter and associated
equipment deemed to be the property ofthe
licensee.-
(1) The whole of service line, meter and
other associated equipment shall be deemed
to be the property of the licensee and shall
remain under his control so long as they are
connected to the distribution system of the
licensee.
(2) The licensee may use the service line and
other apparatus to give supply to other
consumers, if the supply to the consumer
who has paid for such line and apparatus is
not affected adversely: Provided that the
service line and other equipment of a
consumer with a dedicated feeder shall not
be used to supply power to another
consumer.
(3) Even if the supply to the consumer who
has paid for the line or equipment is
disconnected, for whatsoever reason, the
consumer shall permit the licensee,
continued access to the service line and
2026:KER:2185
WP(C) NO.45053 OF 2025
other equipment if they are required to give
supply to other consumers, until alternate
arrangements are made by the licensee:
Provided that no payment shall be due to the
consumer for such access or facility.
(4) The licensee shall make all possible
efforts to provide alternate arrangement or
mutually acceptable arrangement for
continuation of the installation at the
existing place, as early as possible.
(7). It is submitted that the present feeding
arrangements to M/S.Ice Hill Resorts is from
Pasuppara 11 KV feeder from Upputhara 33 kV
Sub Station. Against the application received
for enhancement of connected load, the
licensee has undertaken the work of extending
feeder branch line from Pasuppara 11 KV
feeder. The work is under execution and no
further applications have been received for
extending the supply from this area to other
applicants.
(8). It is submitted that the KSEBL is duty
bound to timely process the applications for
new connections received from the applicants.
The voltage regulation of the feeder has been
calculated as 7.92% including the requirements
of the petitioner. It is technically possible to
extend the supply further to the prospective
applicants without any change in standard
voltage as per Regulation 7 of Supply Code
2026:KER:2185
WP(C) NO.45053 OF 2025
2014. It is further submitted that the
maintenance of office the deemed assets is the
sole responsibility of the licensee and no
additional burden would be shouldered on the
petitioner."
4. The above statements are recorded. In view of the above,
nothing further remains to be considered in the writ petition, and the
same is closed, recording the above statements made on behalf of the
Board. The Board will ensure that even if they entertain any further
applications and use the transformer, the same shall not in any way
adversely affect the efficiency of the supply to the petitioner's resort.
The writ petition is disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
2026:KER:2185
WP(C) NO.45053 OF 2025
APPENDIX OF WP(C) NO. 45053 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DETAILS OF THE
AMOUNT REMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT ON 27/08/2025
Exhibit P2 THE TRUE COPY OF THE RECEIPT ISSUED BY
THE 2ND RESPONDENT ON 27/08/2025
Exhibit P3 THE TRUE COPY OF THE REQUEST SUBMITTED
BY PETITIONER TO 2ND RESPONDED DATED
26/11/2025
Exhibit P4 THE TRUE COPY OF A DRAFT SKETCH
PREPARED BY THE PETITIONER SHOWING THE
PRESENT DRAWING OF HE LINE TO THE
PETITIONERS PROPERTY
