In this writ appeal, the High Court held that appellants cannot approach the court under Article 226 for a fresh connection without first availing the remedy under Section 2 of the Kerala State Electricity Regulatory Commission Regulations. The court directed the Ombudsman to dispose of the matter within six weeks if a petition is filed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA,
1944
WA NO. 1594 OF 2022
WP(C) 29272/2022 OF HIGH COURT OF KERALA
APPELLANT/S:
1 PHILOMINA @ VALSA POULOSE,AGED 73 YEARS CHAKIATH HOUSE, CHERANALLOOR, KOCHI - 682 034, PIN - 682034 2 PAULSON PAULOSE,AGED 46 YEARS CHAKIATH HOUSE, CHERANALLOOR, KOCHI - 682 034 PIN - 682034 3 PETSON PAULOSE,AGED 43 YEARS CHAKIATH HOUSE, CHERANALLOOR, KOCHI - 682 034 PIN - 682034 4 PETSY POULOSE,AGED 48 YEARS CHAKIATH HOUSE, CHERANALLOOR, KOCHI - 682 034 PIN - 682034 BY ADVS. S.GOPAKUMAR T.M.BINITHA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY, PRINCIPAL SECRETARY, DEPARTMENT OF POWER, 2ND FLOOR, NORTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM - 695 001, PIN - 695001
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2 KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, KERALA - 695 004, REP. BY CHAIRMAN & MANAGING DIRECTOR, PIN - 695004 3 KERALA STATE ELECTRICITY BOARD LTD ELECTRICAL SECTION, EDAPPALLY, ADMINISTRATIVE OFFICE COMPLEX, PALARIVATTOM, ERNAKULAM - 682 024 : REP.BY ASSISTANT ENGINEER., PIN - 682024 4 DEPARTMENT OF ELECTRICAL INSPECTORATE 3RD FLOOR, REVENUE TOWER, PARK AVENUE, ERNAKULAM - 682 011, REP.BY DEPUTY CHIEF ELECTRICAL INSPECTOR PIN - 682011 5 C.K.PAULOSE & BROTHERS, (A REGD. PARTNERSHIP FIRM) AGED 3 YEARS CHAKKIATH ESTATE, BYE-PASS JN. EDAPPALLY, ERNAKULAM - 682 024. REP.BY THE MANAGING DIRECTOR., PIN - 682024 6 C.K.THOMAS,AGED 70 YEARS CHAKIATH HOUSE, CHERANELLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM- 682 034 PIN - 682034 7 C.K.VARGHESE,AGED 68 YEARS CHAKIATH HOUSE, CHERANELLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM- 682 034. PIN - 682034 8 C.K.MATHEW,AGED 66 YEARS,CHAKIATH HOUSE, CHERANELLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM- 682 034 PIN - 682034
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9 C.K.VINCENT,AGED 64 YEARS SINTHOOR, KANJIRAKKAD, PERUMBAVOOR - 683 543 PIN - 683543
OTHER PRESENT:
SC VEENA HARI FOR ADV NIRMAL V. NAIR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA 1594/22
S.V.BHATTI
& BASANT BALAJI, JJ.
W.A. No.1594 of 2022
(Dated this the 2nd day of November 2022)
Basant Balaji J.,
This Writ Appeal is filed by the petitioners in W.P(C) No.29272 of 2022. The petitioners are the owners of the
ground floor of a five storied building named Chakkiath Estate at Edappally bye-pass junction, which devolved upon them on the death of their predecessor-in-interest C K Poulose. The building was constructed by the predecessor-
in-interest of the appellants and respondent Nos.6 to 9.
Municipal authorities without the knowledge, consent or
concurrence of the appellants and other legal heirs, changed
WA 1594/22
the assessment of the building in the name of the each of
the individuals to the name of the 5th respondent. W.P.(C) No.6521 of 2020 was filed before this court and by judgment dated 5.4.2022, the controversy was set at rest and ordered to assess the ground floor of the building in the name of the appellants as the legal heirs of C K Poulose. Since there was arrears of electricity charges, the electricity line was disconnected. The appellants filed application to provide 3 separate electrical connection to their ground floor line.
replied that there is existing HT connection and there is outstanding dues of Rs.10,19,862/- with interest and the application can be considered only after clearing the dues. In this background, the Writ Petition was filed seeking
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quashing Ext.P7 and for a direction commanding the 3rd respondent to provide an electric connection to the appellants.
that the appellants can avail the remedy before the
WA 1594/22
Ombudsman. If any petition is filed by the appellants
before the Ombudsman, the Ombudsman shall take up the
matter and dispose of the same within a period of six weeks from the date of filing of the application by calling for the records from the Electrical Inspectorate and after hearing all the parties concerned.
Writ Appeal is disposed of as above.
sd
S.V.BHATTI, JUDGE
sd
BASANT BALAJI, JUDGE
dl/
2 issues framed by the court
Whose remedy under the Electricity Regulatory Commission Regulations applies when electricity connections are disputed due to property ownership issues?
Can appellants approach the High Court under Article 226 if they failed to exhaust the grievance redressal mechanism provided by the Electricity Regulatory Commission?
2 provisions across 2 enactments
PHILOMINA @ VALSA POULOSE
PAULSON PAULOSE
PETSON PAULOSE
PETSY POULOSE
STATE OF KERALA
KERALA STATE ELECTRICITY BOARD
S.V. BHATTI
BASANT BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
