Kerala High Court
Rajesh C.V vs The Kerala State Electricity Board ... on 29 October, 2021
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 21933 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 21933 OF 2021
PETITIONERS:
1 RAJESH C.V.
AGED 43 YEARS
S/O.PADMANABHAN NAMBIAR, KODAKKATTERI VEEDU,
KOTTOOR, SREEKANDAPURAM P.O., KANNUR - 670 631.
2 ANJANA M.V.
AGED 40 YEARS
W/O.RAJESH C.V., KODAKKATTERI VEEDU, KOTTOOR,
SREEKANDAPURAM P.O., KANNUR - 670 631.
BY ADV MANAS P HAMEED
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD (KSEB)
REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM - 695 001.
2 THE DEPUTY CHIEF ENGINEER
KANNUR DIVISION, VYDYUTHI BHAVANAM, SOUTH BAZAR,
KANNUR - 670 002.
3 THE EXECUTIVE ENGINEER
KANNUR DIVISION, VYDYUTHI BHAVANAM, SOUTH BAZAR,
KANNUR - 670 002.
4 ASSISTANT ENGINEER
SREEKANDAPURAM ELECTRICAL SECTION, SREEKANDAPURAM,
SREEKANDAPURAM P.O., KANNUR - 670 631.
5 THE DISTRICT MAGISTRATE, KANNUR IS SUO MOTU
IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER
DATED 29/10/2021 IN WP(C)NO.21933 OF 2021.
BY ADV A.ARUNKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 21933 OF 2021
2
BECHU KURIAN THOMAS, J
................................................
W.P.(C) NO. 21933 OF 2021
........................................
Dated this the 29th day of October, 2021
JUDGMENT
Petitioners claim themselves to be differently abled persons. First petitioner is a deaf and mute person with a permanent disability of 100%, while the 2 nd petitioner has a permanent disability of 40%. They sought electric connection for their house by request dated 24/9/2020. The 4 th respondent pursuant to the application informed that, petitioners must deposit Rs.43,192/- being the cost for providing the service connection.
2. The cost estimated by the 4th respondent being on the higher side, petitioners suggested an alternative route. According to the petitioners, the electric line can be drawn through the alternative route at a cheaper cost. In the meantime, after almost one year from the date of application, based upon the estimate prepared by the 4 th respondent, Ext.P3 demand notice was issued, directing the petitioners to WP(C) NO. 21933 OF 2021 3 pay Rs.43,192/-. It is in such circumstances that petitioners have approached this Court seeking directions inter alia for immediate grant of electric supply to the petitioners in accordance with Section 43(1) of the Electricity Act 2003.
3. A counter affidavit has been filed by the 4 th respondent pleading that, the estimated cost of the alternative route suggested by the petitioners, though totals only up to Rs.8,590/-, that line has to be drawn through a property owned by four other persons, who had refused to give their consent. The representation submitted by the said four persons were produced as Ext.R4(b). It was further averred that the initial route suggested, required drawing of over headline of 56m and 35m of weather proof line apart from 2 poles to be erected and hence the cost as per Ext.P3 was not financially feasible while the alternative route suggested is objected by the owners. In the meantime since the petitioners intimated that the amount demanded as per Ext.P3 was not financially feasible, 4th respondent has requested the District Magistrate, Kannur, through Ext.R4 (f) WP(C) NO. 21933 OF 2021 4 on 8/10/2021, to overcome the objections raised by the owners of the private road.
4. I have heard Adv.Manas P.Hameed, the learned counsel for the petitioners, Adv.Arunkumar A, the learned Standing Counsel for the respondents 1 to 4 and the learned Government Pleader on behalf of respondent No.5.
5. The application for grant of electric connection was admittedly filed on 24-09-2020. The demand for payment of the estimate was made only on 22-09-2021 after a delay of almost one year from the date of application. The delay is attempted to be explained in the purported attempts made by the 4th respondent to obtain consent from the neighbouring property owners. In any way, now the 4 th respondent has requested the 5 th respondent to grant permission to draw the electric line.
6. Since the 4th respondent has filed a petition as Ext.R4(f) before the 5th respondent, this writ petition itself can be disposed of by directing the District Magistrate, Kannur, the additional respondent No. 5 to consider and pass orders as WP(C) NO. 21933 OF 2021 5 expeditiously as possible in a time bound manner, after hearing all the parties involved in the matter. I hereby direct the 5th respondent to do so.
7. Since the petitioners are disabled persons, the 5 th respondent shall take into consideration, the circumstances prevailing and issue appropriate orders as directed above within a period of two months from the date of receipt of a copy of this judgment.
This writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 21933 OF 2021 6 APPENDIX OF WP(C) 21933/2021 PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF STANDING DISABILITY ASSESSMENT BOARD CERTIFICATES OF PETITIONERS ISSUED BY THE SUPERINTENDENT, DISTRICT HOSPITAL KANNUR.
Exhibit P1A TRUE COPY OF STANDING DISABILITY ASSESSMENT BOARD CERTIFICATES OF PETITIONERS ISSUED BY THE SUPERINTENDENT, DISTRICT HOSPITAL KANNUR.
Exhibit P2 TRUE COPY OF OWNERSHIP CERTIFICATE ISSUED FROM SREEKANDAPURAM MUNICIPALITY.
Exhibit P3 TRUE COPY OF DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS DEMANDING PAYMENT OF RS.43,192/-.
Exhibit P4 TRUE COPY OF REPRESENTATION DATED 28/09/2021 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DEPUTY CHIEF ENGINEER.
Exhibit P5 TRUE COPY OF ORDER DATED 29/01/2021 ISSUED BY THE 1ST RESPONDENT KSEB ALONG WITH RELEVANT PAGES OF ITS APPENDIX.
Exhibit P6 TRUE COPY OF ORDER DATED 21/11/2016 ISSUED POWER DEPARTMENT, GOVERNMENT OF KERALA.
RESPONDENT'S EXHIBITS :
Exhibit R4(a) A TRUE COPY OF THE SKETCH.
Exhibit R4(b) A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE NEIGHBOURS OF THE PETITIONERS.
Exhibit R4(c) A TRUE COPY OF THE DEMAND SUBMITTED TO THE PETITIONER BY THE 4TH RESPONDENT. WP(C) NO. 21933 OF 2021 7 Exhibit R4(d) A TRUE COPY OF THE DETAILED DEMAND NOTE PREPARED BY 4TH RESPONDENT.
Exhibit R4(e) A TRUE COPY OF REQUEST BY SMT. ANJANA M V AFTER COMPLETING ALL LEVEL DISCUSSIONS WITH THE PROPERTY OWNERS.
Exhibit R4(f) A TRUE COPY OF THE REQUEST FORWARDED TO THE DISTRICT MAGISTRATE, KANNUR DATED 08- 10-2021.
AJM //TRUE COPY// PA TO JUDGE