Disposed

T.P.Balan v. the Kerala State Electricity Board

Kerala HC12 Aug 2016WP(C)/6426/2016

Case brief

AI extract

What is this about?

Petitioner, a tenant, sought a new electricity connection in the landlord's name after the previous connection was dismantled, challenging the requirement for landlord consent. Court directed Board to reimburse arrears via the petitioner and allow connection.

What did the court decide?

Petitioner directed to reimburse the entire amount to the Board. Board directed to provide service connection in the name of the fifth respondent within 15 days after reimbursement is made.

T.P.Balan Vs the Kerala State Electricity Board — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938

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WP(C).No. 6426 of 2016 (C)

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PETITIONER(S)/PETITIONER:

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T.P.BALAN, AGED 62, S/O.LATE CHATHU,SRUTHIVEK,THIRUMUNBIL, KUNNUMMAKKARA P.O,CHOMBALA(VIA),KOZHIKODE DISTRICT.

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BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.MANJUNATH MENON

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RESPONDENT(S)/RESPONDENTS:

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1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, PATTOM P.O,THIRUVANANTHAPURAM-695 004.

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2. THE DIRECTOR,

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KSEB,DISTRIBUTION & SAFETY,VYDYUTHI BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM-695 004.

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3. THE DEPUTY CHIEF ENGINEER, KSEB,VADAKARA SECTION,VADAKARA,PIN-673 014.

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4. THE ASSISTANT ENGINEER, ORKKATTERI SUB SECTION, KERALA STATE ELECTRICITY BOARD, ORKKATTERI,PIN-673 114.

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5. SRI.IBRAHIM HAJI, CHULLIYANTEVIDA,ERAMALA P.O,KOZHIKODE DISTRICT, PIN-673 501.

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R1-R4 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R5 BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 6426 of 2016 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF LEASE DEED DATED 07.10.1997 EXECUTED BETWEEN THE PETITIONER AND THREE OTHERS WITH THE 5TH RESPONDENT

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P2 TRUE COPY OF THE NOTICE DATED 07.04.2010 CLAIMING RS.9,338/- OF THE KERALA STATE ELECTRICITY BOARD

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P3 TRUE COPY OF REPLY NOTICE DATED 02.05.2010 ISSUED BY THE PETITIONER

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P4 TRUE COPY OF BILL DATED 04.02.2011 IN THE NAME OF CONSUMER M.USHA

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P5 TRUE COPY OF NOTICE DATED 16-08-2013 ISSUED BY THE KERALA STATE ELECTRICITY BOARD

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P6 TRUE COPY OF THE DEMAND NOTICE DATED 17.07.2014 DEMANDING RS.58,787.00

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P7 TRUE COPY OF ELECTRIC BILL DATED 13-08-2014 ISSUED FOR RS,43,712/-

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P8 TRUE COPY OF REPLY ISSUED BY THE 3RD RESPONDENT

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P9 TRUE COPY OF REPRESENTATION DATED 16-03-2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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P10 TRUE COPY OF LETTER DATED 31.03.2015 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT

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P11 TRUE COPY OF LETTER DATED 29-04-2015 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT

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P12 TRUE COPY OF ORDER DATED 01-10-2015 ISSUED BY THE 2ND RESPONDENT DIRECTOR, DISTRIBUTION & SAFETY

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P13 TRUE COPY OF ORDER DATED 08.10.2015 ISSUED BY THE 2ND RESPONDENT,DIRECTOR, DISTRIBUTION & SAFETY

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P14 TRUE COPY OF INDEMNITY BOND EXECUTED BY THE PETITIONER

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P15 TRUE COPY OF REPRESENTATION DATED 23.12.2015 SUBMITTED BY THE PETITION BEFORE THE MINISTER FOR ELECTRICITY.

msv/

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WP(C).No. 6426 of 2016 (C)

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RESPONDENT(S)' EXHIBITS:

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------------------------

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EXT.R5(a): TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT UNDER THE RIGHT TO INFORMATION ACT, BEFORE THE PUBLIC INFORMATION OFFICER DTD.9.6.2016. EXT.R5(b): TRUE COPY OF THE INFORMATION GIVEN BY THE PUBLIC INFORMATION OFFICER, KERALA STATE ELECTRICITY BOARD DTD.13.6.2016. EXT.R5(c): TRUE COPY OF THE COMMUNICATION SENT BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT DTD.10.12.2015.

//TRUE COPY//

P.S.TO JUDGE

Msv/

A.M. SHAFFIQUE, J.

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------------------------------------- W.P.(C) No.6426 of 2016

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Dated this the 12^th day of August, 2016

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JUDGMENT

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Petitioner claims to be a tenant of the building, which belongs to the fifth respondent. The building had power connection in the name of one Usha, which was dismantled in the year 2015.

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It seems that when the power connection was in the name of Usha, she became liable to pay certain amount to the Electricity Board as electricity charges. When the petitioner applied for re-connection, the petitioner was informed that the earlier arrears has to be paid and that the petitioner should obtain the consent of the landlord, since the power connection had already been dismantled.

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According to the petitioner, though he had approached the landlord for consent, no consent is obtained. Petitioner, therefore, has approached this Court for a direction

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W.P.(C) No.6426 of 2016

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to the Board to provide power connection in his name without insisting for the consent of the landlord. That apart, the petitioner challenges Regulation 45 (2) of the Kerala Electricity Supply Code, 2014, which insists for no-objection from the landlord for providing a connection in the name of the tenant/ person in occupation.

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When the above matter came up for hearing, during the course of arguments, this Court had suggested as to whether the landlord could get a power connection for the building in his name. The learned counsel appearing for the fifth respondent submits that the landlord is willing to obtain new service connection for the building in his name. However, all payments to provide the connection has to be remitted by the petitioner.

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Learned counsel for the petitioner submits that he had already remitted all the necessary amounts for providing a new connection. Further, earlier person in occupation, Smt. Usha was liable to pay certain amount to the Board, for which

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W.P.(C) No.6426 of 2016

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also the petitioner had undertaken to pay and the petitioner was given installment facility to pay the said amount by the Director (Distribution & Safety). Ext.P12 is a letter addressed to the Chief Engineer, Distribution North, granting the petitioner time to remit arrears in 30 installments with applicable interest. According to the petitioner, he had already remitted the first installment. Petitioner offers to pay the arrears of installments as well as to pay the further installments as per the said terms.

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In the light of the aforesaid factual situation, I am of the view that without going into the merits of the contentions urged by the parties, this writ petition can be disposed of as under:

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(i) That the fifth respondent shall submit an application

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for new connection to the building within a period of 15 days from today.

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(ii) The Electricity Board shall provide appropriate service connection to the petitioner on the petitioner remitting

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W.P.(C) No.6426 of 2016

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the entire amount or by adjusting the amount already paid by the petitioner on 5.12.2015.

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(iii) If at all any further amount is payable, it shall be

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paid by the petitioner.

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(iv) Petitioner shall also clear the arrears of installments and continue to pay the installments as per Ext.P12 letter.

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(v) The power connection shall be given as early as possible and not latter than 15 days from the date of receiving the application and on compliance with other formalities in the name of the fifth respondent.

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Sd/-

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A.M. SHAFFIQUE JUDGE

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Scl/12.08.2016

T.P.Balan v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

T.P.Balan v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

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