Kerala High Court
Chandran V vs George P.K on 29 May, 2012
Bench: C.N.Ramachandran Nair, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
TUESDAY, THE 10TH DAY OF JULY 2012/19TH ASHADHA 1934
WA.No. 1092 of 2012 () IN WPC/12204/2012
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AGAINST THE ORDER/JUDGMENT IN WPC.12204/2012 DATED 29-05-2012
APPELLANT(S)/PETITIONERS IN WPC :
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1. CHANDRAN V., AGED 58 YEARS
S/O. VELLA, MUKKIL HOUSE, KONNAKKAL KADAVU
BLOCK-14, KORENCHIRA P.O., ALATHUR TALUK
PALAKKAD DISTRICT.
2. SUJATHA , AGED 35 YEARS
W/O. UNNIKRISHNAN, 14TH BLOCK, KONNAKKAL KADAVU
KORENCHIRA P.O., ALATHUR TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.BABY MATHEW
RESPONDENT(S)/RESPONDENTS IN WPC :
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1. GEORGE P.K., AGED 44 YEARS,
S/O. KURIYAKOSE, PARAKKAL HOUSE, KONNAKKALKADAVU
KORENCHIRA P.O., ALATHUR TALUK
PALAKKAD DISTRICT, PIN - 678 541.
2. ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SUB DIVISION
KERALA STATE ELECTRICITY BOARD, VADAKKENCHERRY
PALAKKAD DISTRICT, PIN - 678 683.
3. EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION,
ALATHUR, PALAKKAD DISTRICT, PIN - 678 541.
4. DISTRICT OFFICER
GROUND WATER DEPARTMENT, A-18, MUNICIPAL T.B.COMPLEX
PALAKKAD-678 001.
5. ADDITIONAL DISTRICT MAGISTRATE,
CIVIL STATION, PALAKKAD, PIN - 678 001.
BY MR.GEORGE MECHERIL, GOVERNMENT PLEADER
BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10-07-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ.
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W.A.No.1092 of 2012
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Dated this the 10th day of July, 2012.
J U D G M E N T
Ramachandran Nair, J.
This Writ Appeal is filed against the judgment of the learned Single Judge approving ADM's order authorising the KSEB to convert an existing single phase line into three phase line for giving connection to the beneficiaries. The appellants' case is that the line as such is passing through his properties, and therefore conversion of the same from single phase to three phase will affect them. The specific case of the appellants is that connection taken by the beneficiary under the guise of agricultural purpose is for commercial purpose for use in the stone crushing unit for crushing stones. Since the allegation is of this nature, we directed the KSEB Vigilance Wing to conduct an enquiry, and we have now heard learned counsel for the appellants and learned Standing Counsel for the KSEB and have also gone through the enquiry report submitted by the KSEB.
W.A.No.1092/2012 -2-
2. KSEB in their report has justified the connection as one for agricultural purpose. However, the appellants' counsel requested us to reject the report particularly that portion pertaining to availability of water and to hold that connection is not for agricultural purpose but dubiously taken for commercial purpose. Even though we find force in the contention of the appellants that water source identified during monsoon is not indicative of availability of water during other seasons for irrigation purposes, we still feel the line can be converted but on condition that if there is misuse of power for purposes other than agricultural, which can be pointed out by the appellants to the KSEB, the facility given will be recalled and connection will be charged at the rate applicable. Similarly if any exemption or concession was granted in the cost of drawing the line based on the original declared purpose i.e. agricultural, the same can also be ordered to be deposited by the consumer. The appellants are given freedom to bring to the notice of the KSEB any misuse of power being made by the consumer other than for declared purposes for W.A.No.1092/2012 -3- which connection is given.
This Writ Appeal is dismissed but with the above observations.
(C.N.RAMACHANDRAN NAIR, JUDGE) (C.K.ABDUL REHIM, JUDGE) jg