Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM TUESDAY, THE 23RD DAY OF JULY 2013 1ST SRAVANA, 1935 WP(C).No. 17970 of 2013 (U) ---------------------------- PETITIONER(S): -------------------------- GHEE VARGHESE, AGED 5 YEARS S/O. KUTHOOR PAPPACHAN, RESIDING AT KUTHOOR HOUSE CHIRAMANENGAD, PANNITHADAM.P.O., CHIRAMANENGAD VILLAGE THALAPPILY TALUK, THRISSUR DISTRICT-680 564. BY ADVS.SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. SRI.P.N.SAIBEN NIKKISH RESPONDENT(S): ---------------------------- 1. THE ASSISTANT ENGINEER, KUNNAMKULAM ELECTRICAL SECTION, KUNNAMKULAM THRISSUR DISTRICT-680 001.
2. THE ASSISTANT EXECUTIVE ENGINEER KUNNAMKULAM ELECTRICAL SECTION, KUNNAMKULAM THRISSUR DISTRICT-680001.
3. THE CHAIRMAN KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695004.
4. STATE OF KERALA REPRESENTED BY THE PRINCIPLE SECRETARY TO GOVERNMENT(POWER DEPARTMENT) POWER DEPARTMENT GOVERNMENT,SECRETARIAT THIRUVANANTHAPURAM-695001. R1 TO R3 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R4 BY GOVERNMENT PLEADER SRI.EGY. N. ELIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17970 of 2013 (U) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- P1 TRUE COPY OF ASSIGNMENT DEED NO. 2772/12 DATED 12 10-2012 OF AKKIKAVU SUB REGISTER OFFICE. P2 TRUE COPY OF TAX RECEIPT DATED 21 11-2012 NO. 7293487 IN RESPECT OF EXT.P1 PROPERTY. P3 TRUE COPY OF THE APPLICATION FORM NO. 20390 OF PETITIONER SUBMITTED BEFORE THE 1ST RESPONDENT. P4 TRUE COPY OF PLAN FOR TEMPORARY CONNECTION SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER. P5 TRUE COPY OF THE PERMANENT WORK REGISTER BY THE LICENSED CONTRACTOR AS PER RULE 49 P6. TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21 11-2012 ISSUED BY THE CHIRAMANENGAD VILLAGE OFFICER. P7 TRUE COPY OF THE IMPUGNED COMMUNICATION DATED 21 1-2013 BY THE 1ST RESPONDENT REJECTING THE APPLICATION OF THE PETITIONER. P8. TRUE COPY OF THE JUDGMENT DATED 25 3-2013 IN WPC NO. 6067 OF 2013.P9. TRUE COPY OF THE RECEIPT DATED 1 4-2013 FOR APPLICATION NO. 1253 BEFORE THE RESPONDENTS NO. 1 AND 2 P10. TRUE COPY OF THE LAWYER NOTICE DATED 15 5-2013 SENT TO THE 1ST RESPONDENT. P11. TRUE COPY OF THE RETURNED LAWYER NOTICE DATED 15 5-2013 SENT TO THE 1ST RESPONDENT. P12 TRUE COPY OF THE JUDGMENT DATED 20 6-2013 IN WPC NO. 15094 OF 2013.P13. TRUE COPY OF IMPUGNED COMMUNICATION DATED 26 6-2013 BY THE 1ST RESPONDENT DENYING ELECTRICITY CONNECTION. RESPONDENTS' EXHIBITS --------------------------------------- NIL //True copy// P.A. TO JUDGE Shg/ C.K. ABDUL REHIM, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.17970 of 2013 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2013 JUDGMENT
Grievance of the petitioner is that the electric connection applied for is not provided to his residential building, insisting upon payment of the cost for installation of a transformer. Presumably the stand taken is on the basis that the residential building is situated within a 'villa project' where electric connection has to be provided to many villas.
2. The question whether the domestic consumer can be insisted upon payment of costs for installation of transformer, now stands covered through decision of this Court in Abdul Kareem v. Kerala State Electricity Board [2013 (1) KLT 25]. In view of the dictum laid in the above case, such an insistence cannot be sustained.
3. Under the above mentioned circumstances, the writ petition is allowed and Ext.P13 is hereby quashed. The respondents are directed to process the application for W.P.(C)No.17970 of 2013 -2- electric connection submitted by the petitioner and to provide electric supply without insisting for payment of the costs for installation of transformer, if any to be installed. If the petitioner complies with all the requisite formalities, the connection shall be provided without any further delay, at any rate within a period of three weeks from the date of completion of such formalities. Sd/- C.K. ABDUL REHIM, JUDGE //True copy// P.A. TO JUDGE shg/