2024/KER/47640 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 10^TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 WP(C) NO. 2493 OF 2019 PETITIONERS:

1 REGHUNATHAN C. S., VILLA NO. M8, SANTHIMADOM VILLA, IRINGAPURAM P. O., GURUVAYOOR.

2 SREEKUMAR, V. KURUP VILLA NO.28, SANTHIMADOM VILLA, IRINGAPURAM P. O., GURUVAYOOR.

3 K. GOVINDAN KUTTY, VILLA NO.6, SANTHIMADOM VILLA, IRINGAPURAM P. O., GURUVAYOOR.

4 ASHARAF P. K., VILLA NO.42, SANTHIMADOM VILLA, IRINGAPURAM P. O., GURUVAYOOR.

5 RAMADASAN VILLA NO.32, SANTHMADOM VILLA, IRINGAPURAM P. O., GURUVAYOOR.

BY ADVS.

SRI. C. A. JOSEPH SMT. AYSHA RAHMAN RESPONDENTS:

1 THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE K.S.E.B, THRISOOR DISTRICT, PIN - 680 001.

2 THE ASSISTANT ENGINEER, ELECTRICAL SECTION K.S.E.B, GURUVAYOOR, THRISOOR DISTRICT, PIN- 680 101

3 THE STATE ELECTRICITY OMBUDSMAN, CHARANGATTU BHAVAN, BUILDING NO.34/895, MAMANGALAM, ACHUTHAN ROAD, EDAPPALLY, KOCHI-682 024.

BY ADVS.

SRI. B. PRAMOD - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH WP(C).28226/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 10^TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 WP(C) NO. 28226 OF 2016 PETITIONERS:

1 THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB DIVISION, GURUVAYOOR.

2 THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, GURUVAYOOR.

BY ADV.

SRI. JAICE JACOB – SC - KSEB RESPONDENTS:

1 M. JAYAPRAKASH, NAVITHA ROOMS, S2, AP3 201, IRIGAPURAM P. O., GURUVAYOOR - 680 103.

2 THE STATE ELECTRICITY OMBUDSMAN, CHARANGATTU BHAVAN, BUILDING NO. 34/895, MAMANGALAM - ANCHUMANA ROAD, EDAPALLY, KOCHI - 682 024 BY ADVS.

SRI. V. ANIL (K/1480/98)

SRI. B. PROMOD - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH WP(C).2493/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DINESH KUMAR SINGH, J.

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W.P.(C) Nos. 2493 of 2019 & 28226 of 2016 -------------------------

Dated this the 10^th day of June, 2024

JUDGMENT

1. These writ petitions arises from the Order passed by the Electricity Ombudsman in Exhibit P-1 dated 30.11.2018 in appeal petition No. P/050/2018 to P65/2018 (in W.P.(C) No. 2493 of 2019) and Exhibit P-10 dated 18.01.2016 in appeal petition No. P/136/2015 (in W.P.(C) No.28226 of 2016) .

2. M/s. Santhimadom Builders and Developers had constructed two residential projects adjacent to each other namely Kottapady North Project & South Project having individual villas. The said builder applied for power demand of 1184.40 KVA for providing electricity to the individual villas which were being constructed by the said builder. It appears that the said builder abandoned the project in the midway and, thereafter, the individual owner completed the construction of the individual villas.

3. The villa owners applied for electricity connection. But, the Board calculated the cost for the cumulative load for all the villas in North and South Project.

4. Fifteen villa owners approached this Court raising dispute in respect of the estimated cost for supply of electricity to the North Project. This Court considering the Regulation 36 of the Kerala Electricity Supply Code, 2014 held that since the power had to be supplied to a colony and demand was more than 1MV, the expenditure for setting up the transformer, lines etc. would be borne by the owners collectively. The relevant part of the Judgment in K. R. Chandranathan Pillai v. The Assistant Engineer and Others [W.P.(C) No. 15379 of 2014 (v) and other connected matters] would read as under;

“5. Under the above mentioned circumstances, these writ petitions are disposed of by directing the respondents to provide electric connections on the basis of applications submitted by the petitioners, if they complies with the requisite conditions enumerated under Regulation 36 and