Kerala High Court
Sajan P.K vs Kerala State Electricity Board
Author: P.R. Ramachandra Menon
Bench: P.N.Ravindran, P.R. Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 27TH DAY OF FEBRUARY 2012/8TH PHALGUNA 1933
WP(C).No. 21028 of 2011 (C)
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PETITIONER:
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SAJAN P.K., AGED 38, S/O.KUMARAN,
PUTHUPARAMBIL HOUSE, IX/144 A, NAYARAMBALAM.
BY ADVS.SRI.K.S.MADHUSOODANAN
SRI.THOMAS CHAZHUKKARAN
SRI.THUSHAR NIRMAL SARATHY
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD,
VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM
REPRESENTED BY SECRETARY - 695001.
2. ASSISTANT ENGINEER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, NARAKKAL - 682504.
R1,2 BY SRI.K.M.SATHYANATHA MENON,SC,KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 21028 of 2011 (C)
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APPENDIX
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PETITIONER'S EXHIBITS
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EXT.P1. COPY OF THE BILL DATED 5.5.07
EXT.P1. (A). COPY OF THE BI DATED 7.7.09.
EXT.P1 (B) . COPY OF THE BILL DATED 7.9.09
EXT.P2. COPY OF THE REQUEST TO THE 2ND RESPONDENT DT.11.10.10
EXT.P3. COPY OF THE RECEIPT OF RS.50/- DATED 25.11.10
EXT.P4. COPY OF THE RELEVANT EXTRACT OF THE APPLICATION FOR SERVICE
CONNECTION.
EXT.P5. COPY OF THE OWNERSHIP CERTIFICATE DATED 3.11.10 ISSUD BY
NAYARAMBALAM PANCHAYATH.
EXT.P6. COPY OF THE OWNERSHIP OF PROPERTY CERTIFICATE ISSUED BY VILLAGE
OFFICER, NAYARAMBALAM DATED 6.11.10.
EXT.P7. COPY OF PHOTOGRAPH SHOWING THE METER IN THE HOUSE OF THE
PETITIONER.
EXT.P8. COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DATED
27.7.2011.
EXT.P9. COPY OF THE COMPLAINT GIVEN TO R2 RESPONDENT DATED 5.8.2011.
EXT.P10. COPY OF THE LAWYER NOTICE DATED 16.8.11 TO THE ASSISTANT
ENGINEER, KSEB, NARAKKAL.
EXT.P11. COPY OF THE DEMAND DRAFT OF RS.1800/- DATED 27.8.11.
EXT.P12 COPY OF THE APPLICATION FOR COMPLIANCE OF JUDGMENT DATED
27.8.11.
EXT.P13. COPY OF THE KUDIKIDAPPU CERTIFICATE DATED 12.10.81 IN OA.
1253/72.
EXT.P14 COPY OF THE CETIFICATE ISSUED BY NAYARAMBALAM GRAMA PANCHAYAT
DATD 28.10.2011.
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WP(C).No. 21028 of 2011 (C)
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EXT.P15. COPY OF THE REVIEW PETITION NO.664/11 DATED 27.8.2011.
ANNEXURE A. COPY OF THE SERVICE CONNECTION AGREEMENT EXECUTED BY
SMT.KARTHYAYANI IN FAVOUR OF THE BOARD.
ANNEXURE B. COPY OF THE LETTER DATED 17.3.2011 ISSUED BY THE BOARD TO
THE PETITIONER.
ANNEXURE B(A). COPY OF THE REMAINDER LETTER ISSUED BY THE BOARD TO THE
PETITIONER.
ANNEXURE (C). COPY OF THE OBJECTION DATED 30.5.11 SUBMITTED BY
SMT.GEETHA JAWAHAR.
ANNEXURE (D). COPY OF THE BILL DATED 25.5.2009 ISSUED IN FAVOU OF
SRI.MANOHARAN FROM THE NJARAKKAL SECTION OF THE BOARD.
ANNEXURE E. COPY OF THE BILL DATED 26.5.2009 ISSUED IN FAVOUR OF
SRI.PAPPAN V.C. FROM THE NJARAKKAL SECTION OF THE BOARD.
ANNEXURE (F). COPY OF THE BILL DATED 24.8.2009 ISSUED IN FAVOUR OF
SMT.KARTHYAYANI FROM THE NJARAKKAL SECTION OF THE BOARD.
ANNEXURE (G). COPY OF THE FRESH APPLICATION FOR CONNECTION SUBMITTED BY
SMT.KARTHYAYANI.
ANNEXURE (H). COPY OF THE RELEVANT PAGE OF BPL REGISTER
ANNEXURE (I). COPY OF THE CONNECTION EFFETED REGISTER.
RESPONDENT'S EXHIBITS :
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EXT.R2(A). COPY OF THE AGREEMENT EXECUTED BY SMT.KARTHYAYANI WITH THE
BOARD.
EXT.R2(B). COPY OF THE APPLICATION SUBMITTED BY SMT.KARTHYAYANI UNDER
THE BELOW POVERTY LINE SCHEME IN THE OFFICE OF THE BOARD AT NJARAKKAL.
EXT.R2(C). COPY OF THE BIL ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT.
EXT.P(D). COPY OF THE BILL KEPT IN THE SYSTEM OF THE BOARD.
EXT.R2(E). COPY OF THE BILL ISSUED TO THE CONSUMER NO.18988 IN FAVOUR
OF SMT.KARTHYAYANI FROM THE OFFICE OF THE 2ND REPONDENT.
WP(C).No. 21028 of 2011 (C)
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EXT.R2(F). COPY OF THE RELEVANT PAGE OF BELOW POVERTY LINE SCHEME
ELECTRIC CONNECTION REGISTER KEPT IN THE OFFICE OF THE 2ND RESPONDENT.
EXT.R2(G). COPY OF THE SERVICE CNNECTION EFFECTED REGISTER KEPT IN THE
OFFICE OF THE 2ND RESPONDENT.
EXT.R2(H). COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO
PETITIONER.
EXT.R2(I). COPY OF THE OBJECTION SUBMITTED BY SMT.GEETHA JAWAHAR.
EXT.R2(J). COPY OF THE SITE MAHAZAR DATED 5.8.2011 PREPARED BY THE SUB
ENGINEER, ELECTRICAL SECTION, NJARAKKAL.
EXT.R2(K). COPY OF THE COMPLIANCE REPORT SENT BY THE ASSISTANT
EXECUTIVE ENGINEER, ELETRICAL SUB DIVISION, VYPIN TO THE LIAISON
OFFICER OF THE BOAD.
/ TRUE COPY /
P.A. TO JUDGE
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P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 21028 OF 2011
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Dated this the 19th August , 2011
J U D G M E N T
The petitioner has approached this Court seeking for issuance of a direction to the respondents to shift the 'Meter' in respect of the consumer No.18988 to the newly constructed building bearing No.IX/144A.
2. The case of the petitioner is as follows: The petitioner was living in a dilapidated house earlier and was provided with electricity connection as early as in 2003. After taking much strain, the petitioner reconstructed the building and the same was numbered by the local authority. The petitioner wanted to have the Meter' shifted to his newly constructed building and filed an application for the same, also meeting the requirements as specified under the relevant provisions of law. Inspite of satisfying the requirements as above, the respondent simply kept it in cold storage, which made the petitioner to approach this Court.
W.P.(C) No. 21028 OF 2011 2
3. When the matter came up for consideration before this Court on 02.08.2011, it was admitted . The learned Standing Counsel entered appearance and sought for time to get instruction. The learned Counsel for the petitioner submits that, the petitioner was very much enjoying the benefits of the connection provided in the year 2003, the 'Meter' having been planted temporarily on the electric post by the Board authorities. It was after completion of his house that the petitioner wanted to have the 'Meter' shifted to the newly constructed building, by filing necessary application, followed by the writ petition. But on getting intimation as to the filing of the writ petition, the respondents simply disconnected the electric supply on 05.08.2011, which was immediately brought to the notice of the concerned authorities by filing Ext.P9 complaint, produced along with I.A.No.13245 of 2011.
4. The learned counsel for the petitioner submits that the action pursued by the respondents is quite wrong and perverse and is liable to be intercepted by this Court to set the things right. The learned Counsel further submits that the petitioner W.P.(C) No. 21028 OF 2011 3 has been given to understand that he has to procure and produce the consent of the owner of the nearby property, through which the line was drawn in the year 2003 while providing connection at that point of time. This Court finds that there cannot be such objection from the part of the respondents at this distance of time; more so, when there is no case for the Board that the petitioner wants to have a new connection, drawing the line through the property of somebody who is a stranger. The only relief now pressed before this Court is for a direction to the respondents to shift the 'Meter' from the post (which was a temporary arrangement) to the newly re-constructed building. The consent of the owner of the property concerned is stated as obtained way back in 2003. The petitioner is supposed to satisfy only the other requirements, if any, in accordance with law, for getting the 'Meter' shifted.
5. In the above facts and circumstances and in the light of the submission made by the learned counsel for the petitioner that the latter is ready and willing to satisfy the requirements as and when specified by the respondent Board, also remitting the W.P.(C) No. 21028 OF 2011 4 requisite fee, if any, legally due, the second respondent is directed to take all further steps to shift the 'Meter' to the newly constructed building, as sought for in Ext. P2, within one week, restoring the power supply to the consumer.
The writ petition is allowed.. No cost.
P.R. RAMACHANDRA MENON, JUDGE.
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