Disposed

Sathy Devi v. District Collector

Kerala HC8 Jan 2024WP(C)/331/2024

Case brief

AI extract

What is this about?

Two writ petitioners sought conversion of electricity supply connections to LT-7A Tariff and enhancement of connected load. The issue was conceded to be covered by an earlier writ judgment. Following that judgment, the court directed KSEB to accept and act on the applications without insisting on Revenue Department NOC.

What did the court decide?

Writ petitions disposed of directing KSEB to accept and consider the applications without insisting on Revenue Department NOC, without prejudice to Revenue rights.

Sathy Devi Vs District Collector — Writ and Judicial Review | Kerala HC (2024)

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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 N.NAGARESH

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MONDAY, THE 8^TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945

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WP(C) NO. 265 OF 2024

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PETITIONER:

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ISMAIL P.P AGED 70 YEARS, S/O PAREETH, PERUNILATHIL HOUSE, MANNAMKALA, ADIMALY P.O, IDUKKI, PIN – 685561.

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BY ADV LATHEESH SEBASTIAN

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RESPONDENTS:

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1 DISTRICT COLLECTOR COLLECTORATE, PAINVAU,IDUKKI – 685502.

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2 REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI PIN – 685613.

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3 TAHSILDAR, TALUK OFFICE, DEVIKULAM TALUK, DEVIKULAM, IDUKKI PIN – 685613.

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4 VILLAGE OFFICER, ANAVIRATTY VILLAGE, IDUKKI – 685561.

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5 THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE OFFICE, THODUPUZHA, IDUKKI DISTRICT, PIN – 685581.

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6 THE ASSISTANT ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD LTD., CHITHIRAPURAM, IDUKKI DISTRICT., PIN – 685565.

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BY ADVS.

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SRI.M.H.HANILKUMAR, SPECIAL GOVERNMENT PLEADER (REVENUE) SRI.A.ARUNKUMAR, STANDING COUNSEL

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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:

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W.P.(C)Nos.265 & 331 of 2024

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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 N.NAGARESH

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MONDAY, THE 8^TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 331 OF 2024

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PETITIONER:

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SATHY DEVI AGED 58 YEARS W/O UNNIKRISHNA MENON, SAUPARNIKA, KALLAR-VATTIAR P.O, PALLIVASAL, IDUKKI, PIN – 685565.

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BY ADV LATHEESH SEBASTIAN

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RESPONDENTS:

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1 DISTRICT COLLECTOR, COLLECTORATE, PAINVAU, IDUKKI, PIN – 685502.

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2 REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT, PIN – 685613.

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3 TAHSILDAR TALUK OFFICE, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT, PIN – 685613.

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4 VILLAGE OFFICER, PALLIVASAL VILLAGE, IDUKKI DISTRICT -, PIN – 685565.

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5 THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE OFFICE, THODUPUZHA, IDUKKI DISTRICT, PIN – 685581.

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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.

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BY ADVS. SRI.M.H.HANILKUMAR, SPECIAL GOVERNMENT PLEADER (REVENUE)

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SRI.A.ARUNKUMAR, STANDING COUNSEL

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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:

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W.P.(C)Nos.265 & 331 of 2024

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J U D G M E N T

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Dated this the 8^th day of January, 2024

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These writ petitions have been filed by the petitioners who

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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.

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It is conceded by either side that the issue involved in

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these writ petitions is covered by the judgment of this Court in W.P.(C) No.29138 of 2023.

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I have heard Sri.Latheessh Sebastian, the learned Counsel for the petitioners, and the learned Special Government Pleader (Revenue), Sri.M.H.Hanilkumar representing respondents 1 to 4. I have also heard Sri.A.Arunkumar, the learned Standing Counsel representing respondents 5 and 6.

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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

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ANAVIRATTY DATED 05.10.2023

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Exhibit P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY OF PALLIVASAL GRAMA PANCHAYAT DATED 16.09.2009

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Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT ALONG WITH COVERING LETTER DATED 29.11.2023

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Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO 10832/2017 DATED 12.12.2018

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Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P. (C) NO 29138 /2023 DATED 07.09.2023

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W.P.(C)Nos.265 & 331 of 2024

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APPENDIX OF WP(C) 331/2024

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PETITIONER EXHIBITS

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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

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Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO 29138/2023 DATED 07.09.2023

Sathy Devi v. District Collector

Case brief

What is this about?

What did the court decide?

Sathy Devi v. District Collector

Case brief

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