Dismissed

Assistant Executive Engineer v. Kerala State Electricity Ombudsman

Kerala HC19 Dec 2023WP(C)/29037/2019

Case brief

AI extract

What is this about?

The Court dismissed a writ petition filed by electricity board officials against an order directing them to grant electricity connections under the Total Electricification Programme, upholding prior findings of the Single Judge and Division Bench. Petitioners to comply within one month.

What did the court decide?

Petitioners to comply with the Ombudsman's order granting electricity connection within one month.

Assistant Executive Engineer Vs Kerala State… — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 19^TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA, 1945 WP(C) NO. 29037 OF 2019

¶4

PETITIONER/S:

¶5

1 ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KSE BOARD LTD, BALUSSERY, KOZHIKODE DISTRICT,

¶6

2 ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB LTD, UNNIKULAM, KOHZIKODE DISTRICT.

¶7

BY ADV A.ARUNKUMAR

¶8

RESPONDENT/S:

¶9

1 KERALA STATE ELECTRICITY OMBUDSMAN CHARANGATTU BHAVAN, BUILDING NO.34/895, MAMANGALAMANCHUMANA ROAD, EDAPPALLY, KOCHI-682024,

¶10

2 KHADER, KOLLARUKANDY, CHEKIDAMPARA-MANICHERY ROAD, MANKAYAM, M.M. PARAMBA P O, KOZHIKODE-673574.

¶11

3 ALI MUHAMMED, KADAVATHU, CHEKIDAMPARA-MANICHERY ROAD, MANKAYAM, M.M. PARAMBA P O, KOZHIKODE-673574.

¶12

4 SHYNI D, PAYYANARAMBATH, CHEKIDAMPARA-MANICHERY ROAD, MANKAYAM, M.M. PARAMBA P O, KOZHIKODE-673574.

¶13

BY ADVS. SRI.PRAVEEN K. JOY SRI.E.S.SANEEJ SRI.M.P.UNNIKRISHNAN SMT.M.K.SAMYUKTHA SRI.N.ABHILASH SMT.M.R.ESHRATH BAI SMT.BEENA JOSEPH SMT.SREELEKHA. P

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 29037/2019

-2-

JUDGMENT

(Dated this the 19^th day of December 2023)

¶19

The writ petition is filed by the respondent in Appeal

¶20

Petition No.P/021/2019 before the Kerala State Electricity Ombudsman, by which a direction was given to the petitioners herein to grant electricity connection to the appellants under the Total Electricification Programme.

¶21

The counsel for respondents 2 to 4 has brought to

¶22

the notice of this Court another W.P.(C) No.7091/2021, which is a writ petition filed against an order dated 07.09.2020 of the Consumer Grievance Redressal Forum,

¶23

wherein the issue was in respect of the same electrification. The learned Single Judge of this Court has disposed of the writ petition, directing grant of electric connection, which was challenged by the petitioners in W.A No.178/2023. The Division Bench concurred with the finding of the learned

¶24

WPC 29037/2019

¶25

-3-

¶26

Single Judge, and dismissed the appeal. It is also submitted

¶27

that, as of today, there is no S.L.P. is filed against the

¶28

judgment of this Court in W.A No.178/2023.

¶29

Therefore, respondents 2 to 4 are also entitled to the

¶30

same treatment. In the result, the writ petition is dismissed. The petitioners shall comply with the order of

¶31

the Kerala State Electricity Ombudsman within a period of

one month.

Sd/-

BASANT BALAJI JUDGE

WPC 29037/2019

-4-

APPENDIX OF WP(C) 29037/2019

¶39

PETITIONER EXHI EXHIBIT P2	BITS TRUE COPY OF THE MINUTES OF MEETING DATED 03.11.2016 AT PANANGAD PANCHAYATH.
EXHIBIT P2	TRUE COPY OF THE MINUTES OF MEETING DATED 04.02.2017 AT PANANGAD PANCAYATH ALONG WITH FIELD VERIFICATION REPORT AND LIST.
EXHIBIT P2	TRUE COPY OF THE MINUTES OF MEETING DATED 13.02.2017 AT PANANGAD PANCHAYATH.
EXHIBIT P2	TRUE COPY OF THE MINUTES OF MEETING DATED 16.02.2017 AT PANANGAD PANCHAYATH.
EXHIBIT P3	TRUE COPY OF THE INSPECTION REPORT AND LIST OF THE 2ND PETITIONER.
EXHIBIT P4	TRUE COPY OF THE PHOTOGRAPHS OF PREMISES OF 2ND RESPONDENT TAKEN ON 22.01.2017.
EXHIBIT P4	TRUE COPY OF PHOTOGRAPHS OF PREMISES OF 3RD RESPONDENT TAKEN ON 22.01.2017.
EXHIBIT P1	TRUE COPY OF ORDER GO(RT) NO.228/2016/PD DATED 21.11.2016 OF GOVERNMENT OF KERALA.
EXHIBIT P4	TRUE COPY OF PHOTOGRAPH OF PREMISES OF 4TH RESPONDENT TAKEN DURING THE INSPECTION.
EXHIBIT P4	TRUE COPY OF PHOTOGRAPH OF PREMISES OF 4TH RESPONDENT TAKEN DURING THE INSPECTION.
EXHIBIT P5	A TRUE COPY OF THE ORDER DATED 15.06.2017 IN OP NO.199/2016-17 OF THE CONSUMER GRIEVANCE REDDRESSAL FORUM, NORTHERN REGION, KOZHIKODE.
EXHIBIT P6	A TRUE COPY OF THE ORDER IN APPEAL PETITION NO.P/085/17 DATED 31.10.2017 ON THE 1ST RESPONDENT.
EXHIBIT P7	A TRUE COPY OF THE COMMON JUDGMENT DATED 29.01.2019 IN WP(C) NO.12064 OF 2018

¶40

WPC 29037/2019

¶41

-5-

¶42

AND WP(C) NO.25881 OF 2018. EXHIBIT P8 A TRUE COPY OF THE ORDER IN APPEAL PETITION NO.P/021/2019 DATED 23.05.2019 OF THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF PHOTOGRAPH OF PREMISES OF 3RD RESPONDENT TAKEN DURING THE INSPECTION.

¶43

RESPONDENT EXHIBITS

¶44

EXHIBIT R4(A) TRUE COPY OF THE COMMON JUDGMENT IN WPC NO.12064/2018 AND WPC NO.25881/2018 AS DATED 29.01.2019

Assistant Executive Engineer v. Kerala State Electricity Ombudsman

Case brief

What is this about?

What did the court decide?

Assistant Executive Engineer v. Kerala State Electricity Ombudsman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Raveendran K.N. Vs Steel Industrials Kerala Limited

K.P. Chacko Vs State of Kerala

The Pattancherry Service Co-Operative Bank LTD.NO.58 Vs the District Police Chief

The Managing Director Vs Molly Antony

Soumini Ravikumar Vs the Superintendent of Police

N Sasidharan Vs the State of Kerala