Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 PETITIONER/S: THOMAS P.O., AGED 52 YEARS S/O.LATE P.T.OUSEPH, IAS, GOLDEN RESIDENCY, SA ROAD, KADAVANTHARA, KOCHI-682 020, ERNAKULAM DISTRICT. BY ADV THOMAS P.O.,(Party-In-Person) RESPONDENT/S: 1 CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. 2 THE ASST. EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, COLLEGE ERNAKULAM, KOCHI-682 011. 3 K.T.JOHN, AGED 70 YEARS S/O.K.O.THOMAS, KANAMKUDAM HOUSE, VELLANGALLOOR (PO), MUKUNDAPURAM TALUK, TRICHUR DISTRICT-680 662.
4 ANNA, AGED 68 YEARS W/O.IYPE JOSEPH, PANKETH HOUSE, VYTTILA, KOCHI-682 019. 5 MARY, W/O.PAULOSE, PARAKKAL HOUSE, PARAVELIL ROAD, NAZRETH, ALWAYE, PIN-683 101. 6 JOSE THARAYIL, SECRETARY, FLAT ASSOCIATION, GOLDEN RESIDENCY, SA ROAD, KADAVANTHRA-682 020. OTHER PRESENT: SR.G.P JUSTIN JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The sole question to be decided is whether the petitioner, who is alleged to have purchased the flat on the basis of the agreement to sell, can be granted electricity connection or not. Against the non grant of the electricity connection preferred the petition before the consumer redressal forum, which was dismissed and even an appeal preferred against the same was also met with the same fate.
2. Petitioner in person submits that, it is a fundamental
right to have electric connection. I am afraid the aforementioned argument cannot be accepted as the rejection by the electricity department of issuing electric connection was that there was no compliance of the provisions of the Electricity Supply Code 2015 ie., the submission of the ownership certificate. Agreement for sale does not confer title. Until and unless there is a register of sale deed or a ownership certificate, electricity connection cannot be granted as it would entail into illegality as every quarters or unauthorized occupants would be entitled to seek the electric connection by invoking the provisions of Article 21 of the Constitution of India. Petition is bereft of any merit. Accordingly, dismissed. Sd/- sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 5948/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED
11.05.2018 MADE BETWEEN THE PETITIONER AND 3RD RESPONDENT FOR THE PURCHASE OF THE IAS FLAT AT GOLDEN RESIDENCY, KADAVANTHARA. Exhibit P2 TRUE COPY OF THE AGREEMENT FOR SALE MADE BETWEEN 4TH AND 5TH RESPONDENTS THROUGH POWER OF ATTORNEY HOLDER S.SASI NAIR AND K.VENUGOPAL AND 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE POWER OF ATTORNEY BEARING NO.244/1995 OF SUB REGISTRY OF ERNAKULAM. Exhibit P4 TRUE COPY OF THE AGREEMENT FOR CONSTRUCTION MADE BETWEEN GOLD NEST ESTATE AND PROJECTS PRIVATE LIMITED AND 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.07.2021 FOR CURRENT CONNECTION. Exhibit P6 TRUE COPY OF ORDER OF THE CONSUMER GRIEVANCE REDRESSAL FORUM, CENTRAL REGION DATED 06.08.21. Exhibit P7 TRUE COPY OF THE ORDER OF STATE ELECTRICITY OMBUDSMAN VIDE NO.P/050/2021 DATED 25.11.2021.