Remanded

Ashla Roy v. Kerala State Electricity Board - Kseb

Kerala HC21 Jul 2022WP(C)/16972/2022

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Additional District Magistrate, Kollam, to decide a dispute referred by the Assistant Executive Engineer regarding an electric connection route. The Court ordered hearing within six weeks without adjudicating the merits.

What did the court decide?

Direction to ADM, Kollam to consider the referred dispute and pass orders after hearing parties within six weeks.

Ashla Roy Vs Kerala State Electricity Board - Kseb — Service and Employment | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 21^ST DAY OF JULY 2022 / 30TH ASHADHA, 1944

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WP(C) NO. 16972 OF 2022

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PETITIONER/S:

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ASHLA ROY, AGED 38 YEARS DAUGHTER OF WILMA CYRIL, MARY LAND H, KADAPPAKADA, KOLLAM-691008.

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BY ADVS. V.JOHN MANI JACKSON JOHNY VARGHESE SABU SETHULAKSHMI K.K. DIANA LAURANCE PAUL

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY BOARD - KSEB KOLLAM DIVISION ,REPRESENTED BY THE ASSISTANT EXECUTIVE ENGINEER, ENGINEERING SESSION, KOLLAM-691008.

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2 THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOLLAM -691008.

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3 DR. DEVIPRASAD, AGED 45 YEARS SON OF SIVADASAN PILLAI, AJITH BHAVAN, MANGADU PO. KOLLAM-691015.

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R1 BY ADV SRI.A.ARUNKUMAR, SC R2 BY ADV.SRI.V.K.SUNIL, GP R3 BY ADV. SR.LIJI.J.VADAKEDOM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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21.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16972 OF 2022 ..2..

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JUDGMENT

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The petitioner has made applications for electric connections to three individual apartments owned by her. Since this was objected by the 3^rd respondent, the Assistant Executive Engineer referred the matter to the Additional District Magistrate (ADM), Kollam under Section 16(1) of the Indian Telegraph Act, 1885 (hereinafter referred to as 'the Act' for short). Before the ADM, the petitioner has submitted that she is withdrawing her applications in respect of the said three connections and requested that the temporary connection already granted for the construction purpose be made permanent. Based on the said submission, the ADM, by Ext.P8 directed the licensee to provide a single electric connection to the premises of the petitioner having building No.2293/1180.

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The petitioner then requested the Assistant Executive Engineer to provide electric connection in

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WP(C) NO. 16972 OF 2022 ..3..

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respect of the other two apartments. The 3^rd respondent objected to giving further connections through the same route through which the connection to the premises No.2293/1180 was granted. In view of the objection raised by the 3^rd respondent, the Assistant Executive Engineer has referred the matter to the ADM, Kollam vide Ext.P12.

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The petitioner has approached this Court for a direction to the 2^nd respondent to allow drawing of electricity connection to the apartment units numbered as 2294/1130 and 2295/1130 through the route suggested by the 1^st respondent vide Ext.P5 report. Since the matter has been referred by the Assistant Executive Engineer, taking note of the objections of the 3^rd respondent in drawing the line through the same route, the matter has been referred to the ADM under Section 16 (1) of the Act. Therefore, it is for the ADM to take appropriate decision in the matter.

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WP(C) NO. 16972 OF 2022 ..4..

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Heard the learned Counsel for the petitioner, the

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learned Standing Counsel, learned Government Pleader and the learned Counsel appearing for the 3^rd respondent.

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In the facts and circumstances of the case, there will be a direction to the ADM, Kollam to consider and pass orders on the dispute referred by the Assistant Executive Engineer in Ext.P12, in accordance with law, after hearing the petitioner and the 3^rd respondent, within a period of six weeks from the date of receipt of a

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copy of this judgment. It is made clear that this Court has not made any opinion on the merits of the dispute.

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The writ petition is disposed of accordingly.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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SB/21/07/2022

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WP(C) NO. 16972 OF 2022 ..5..

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APPENDIX OF WP(C) 16972/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE MUNICIPAL CORPORATION KOLLAM IN RESPECT OF APARTMENT UNIT NUMBERED AS 2294/1130 AND 2295/1130 DATED 08/12/2021.

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Exhibit P1 A TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE KOLLAM CORPORATION IN RESPECT OF APARTMENT UNIT BEARING NUMBER 2294/1130 DATED 09/12/2021.

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Exhibit P1 B TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE KOLLAM CORPORATION IN RESPECT OF APARTMENT UNIT BEARING NUMBER 2295/1130 DATED 09/12/2021.

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Exhibit P2 TRUE COPY OF THE RECEIPT DATED 14/12/2021 IN RESPECT OF CONSUMER NO. A2145592100340 ISSUED TO THE PETITIONER.

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Exhibit P2 A A TRUE COPY OF THE RECEIPT DATED 14/12/2021 IN RESPECT OF CONSUMER NO. A 2145592100341 ISSUED TO THE PETITIONER.

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Exhibit P2 B TRUE COPY OF THE RECEIPT DATED 14/12/2021 IN RESPECT OF CONSUMER NO. A 2145592100342 ISSUED TO THE PETITIONER.

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Exhibit P3 TRUE COPY OF THE TEMPORARY INJUNCTION ORDER DATED 15/02/2021 IN I.A NO. 1 OF 2021 IN O.S NO. 140 OF 2021 OF PRINCIPAL MUNSIFF COURT, KOLLAM.

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Exhibit P4 TRUE COPY OF THE ABOVE OBJECTION DATED 15/12/2021 FILED BY THE 3RD RESPONDENT TO THE PETITIONER'S APPLICATION TO THE 1ST RESPONDENT.

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Exhibit P5 TRUE COPY OF THE REPORT AND ROUTE MAP SUBMITTED BY THE 1ST RESPONDENT DATED 21/12/2021 TO THE 2ND RESPONDENT.

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WP(C) NO. 16972 OF 2022 ..6..

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Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 03/03/2022 IN W.P(C) NO. 6926 OF 2022.

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Exhibit P7 TRUE COPY OF THE PROCEEDINGS NO.DCKLM/13610/2021/KDIS-M4 DATED 29/03/2022 ISSUED BY THE 2ND RESPONDENT (ALONG WITH ENGLISH TRANSLATION.)

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Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 05/04/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

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Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 05/04/2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

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Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 08/04/2022 IN W.P(C)NO. 13649 OF 2022.

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Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 05/05/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

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Exhibit P12 TRUE COPY OF THE PROCEEDINGS DATED 06/05/2022 ISSUED BY THE 1ST RESPONDENT.

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RESPONDENT EXHIBITS

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Exhibit THE COPY OF THE APPLICATION SUBMITTED BY THE R3(A) PETITIONER FOR WITHDRAWING THE REQUEST FOR ELECTRICITY CONNECTION (FOR 2 APARTMENTS) THROUGH THE PROPERTY OF THE 3RD RESPONDENT.

Ashla Roy v. Kerala State Electricity Board - Kseb

Case brief

What is this about?

What did the court decide?

Ashla Roy v. Kerala State Electricity Board - Kseb

Case brief

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What did the court decide?

What the court decided

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