Petitioners sought conversion of electricity connections to LT-7A tariff and enhancement of connected load. The court, following its earlier judgment in W.P.(C) No.29138 of 2023, directed the Board to accept and consider applications without insisting on a NOC from the Revenue Department.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945
WP(C) NO. 265 OF 2024
PETITIONER:
ISMAIL P.P AGED 70 YEARS, S/O PAREETH, PERUNILATHIL HOUSE, MANNAMKALA, ADIMALY P.O, IDUKKI, PIN – 685561.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
5 THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE OFFICE, THODUPUZHA, IDUKKI DISTRICT, PIN – 685581.
BY ADVS.
SRI.M.H.HANILKUMAR, SPECIAL GOVERNMENT PLEADER (REVENUE) SRI.A.ARUNKUMAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, ALONG WITH WP(C).331/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.265 & 331 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 331 OF 2024
PETITIONER:
SATHY DEVI AGED 58 YEARS W/O UNNIKRISHNA MENON, SAUPARNIKA, KALLAR-VATTIAR P.O, PALLIVASAL, IDUKKI, PIN – 685565.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
W.P.(C)Nos.265 & 331 of 2024
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6 THE ASSISTANT ENGINEER ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD LTD., CHITHIRAPURAM, IDUKKI DISTRICT, PIN – 685565.
BY ADVS. SRI.M.H.HANILKUMAR, SPECIAL GOVERNMENT PLEADER (REVENUE)
SRI.A.ARUNKUMAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, ALONG WITH WP(C).265/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.265 & 331 of 2024
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J U D G M E N T
Dated this the 8th day of January, 2024
These writ petitions have been filed by the petitioners who
wanted to convert their electricity supply connection to LT-7A Tariff and to enhance connected load. The petitioner in W.P.(C) No.265 of 2024 is presently holding a connection under Tariff LT-6F and the petitioner in W.P.(C) No.331 of 2024 is holding an electric supply connection under the Tariff LT-1A.
these writ petitions is covered by the judgment of this Court in W.P.(C) No.29138 of 2023.
W.P.(C)Nos.265 & 331 of 2024
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In the circumstances of the case, following the judgment in W.P.(C) No.29138 of 2023, these writ petitions are disposed of directing the Kerala State Electricity Board to accept the applications of the petitioners, if not already accepted, consider the same and take appropriate action thereon, without insisting for NOC from the Revenue Department. It is clarified that this would be without prejudice to the rights of the Revenue authorities to initiate appropriate steps and also that this judgment will not rest any right on the petitioners over the property or the building.
Sd/-
N. NAGARESH
JUDGE
ams
W.P.(C)Nos.265 & 331 of 2024
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APPENDIX OF WP(C) 265/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ANAVIRATTY DATED 05.10.2023
Exhibit P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY OF PALLIVASAL GRAMA PANCHAYAT DATED 16.09.2009
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT ALONG WITH COVERING LETTER DATED 29.11.2023
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO 10832/2017 DATED 12.12.2018
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P. (C) NO 29138 /2023 DATED 07.09.2023
W.P.(C)Nos.265 & 331 of 2024
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APPENDIX OF WP(C) 331/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PALLIVASAL DATED 12.05.2023 Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE SECRETARY OF PALLIVASAL GRAMA PANCHAYAT DATED 10.05.2022 Exhibit P3 TRUE COPY OF THE ELECTRICITY BILL ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DATED 17.01.2023 Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 19.12.2023 Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO 10832/2017 DATED 12.12.2018
Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO 29138/2023 DATED 07.09.2023
1 issue framed by the court
Whether KSEB can insist on Revenue Department NOC for converting electricity tariff and enhancing connected load?
Colour shows how this judgement treated each authority
W.P.(C) No.29138 of 2023Followed
W.P(C) No.10832/2017Referred
Ismail P.P
Sathy Devi
District Collector, Idukki
Revenue Divisional Officer, Devikulam
Tahsildar, Devikulam Taluk
Village Officer
N.Naresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
