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2015 Supreme(Ker) 1518

K.VINOD CHANDRAN
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Kerala State Electricity Board Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Gopikrishnan Nambiar, P. Gopinath, P. Benny Thomas, K. John Mathai, Joson Manavalan, Kuryan Thomas, Thushara James
For the Respondent: Sanjeevkumar K. Gopal, K.R. Vinod, M.S. Letha, V. Sri Nath, N.N. Sugunapalan, S. Sujin

JUDGMENT :

K. Vinod Chandran, J.

The petitioner is aggrieved with the fact that the petitioner's application for electric connection to a petroleum dealership has been declined as per Exhibit P6 for reason of no consent having been issued by the 4th respondent, who is the owner of the property. The officials of the Kerala State Electricity Board [for brevity "KSEB"], which is the 1st respondent herein, turned down the application of the petitioner on the ground that as per clause (2) of Regulation 45 of the Kerala Electricity Supply Code, 2014 [for brevity "Supply Code of 2014"] if the applicant is not an owner but an occupier of the premises, they shall furnish a No Objection Certificate from the owner of the premises along with the other documents stipulated therein.

2. The petitioner has challenged Regulation 45(2) also herein. The facts arising in the above case would indicate that a challenge to Regulation 45(2) need not be considered as of now and the writ petition itself can be disposed of on the basis of the peculiar facts arising in the above case.

3. The 4th respondent is admittedly the owner of the property, which, the learned counsel appearing for whom would say, is more th










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