IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 8^TH DAY OF JULY 2024 / 17TH ASHADHA, 1946 WP(C) NO. 24089 OF 2024 PETITIONER:

ANZAR MEHBOOB AGED 35 YEARS S/O MEHBOOB.P.A,PUTHUKATTU HOUSE,KUMARANALOOR P.O, KOTTAYAM,KOTTAYAM DISTRICT, PIN - 686016 BY ADVS.

ANZAR BASHEER BABU CHERUKARA V.R.ARUN P.ANTO THOMAS RESPONDENTS:

1 THE DISTRICT COLLECTOR IDUKKI,COLLECTORATE PAINAVU,IDUKKI, PIN - 685603

2 THE REVENUE DIVISIONAL OFFICER DEVIKULAM,IDUKKI DISTRICT, PIN - 685613

3 TAHSILDAR TALUK OFFICE, DEVIKULAM TALUK,DEVIKULAM IDUKKI DISTRICT, PIN - 685613

4 VILLAGE OFFICER PALLIVASAL VILLAGE IDUKKI DISTRICT, PIN - 685565

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

685581

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

685565 SRI.BINOY DAVIS, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The present Writ Petition has been filed seeking the following reliefs:

“a) Call for the records leading to Exhibit P3 and on issuing a writ of certiorari and any appropriate writ or order quashing Exhibit.P3 reply to the extent as the same demands for the production of NOC from revenue department for the purpose of enhancing the connected load and change of tariff in the matter of electricity consumer number 1156152007423 which in disregard of the judgments of this hon'ble court as per Exhibit P4 and P5.

b) issue writ of Mandamus or any other appropriate writ or order directing the respondents 5 and 6 to enhance the connected load of electric connection of the petitioner bearing number 1156152007423 to 15KW and changing Tariff from LT-1A to LT-7A at the cost of the petitioner without insisting NOC from the revenue department as mentioned in Exhibit P3 as expeditiously as possible within a time limit of one moth that may be fixed by this hon'ble court;

quashing the same as illegal, unjust and arbitrary.

c) Please to dispense with filing of English translation of the documents which are in vernacular Malayalam languages.

d) Issue any other orders as this hon'ble court deems fit and proper in the facts and circumstances of the case.”

2. The issue involved in this writ petition is covered by two judgments of this Court passed in W.P.(C) No.10832/2017 dated 12.12.2018 as well as in W.P.(C) No.15587/2024 dated 12.04.2024. The learned counsel for the 6^th respondent - Board has not denied in fact that the issue involved in this Writ Petition is covered by the aforesaid two judgments.

In view thereof, the present Writ Petition is disposed of with direction to the 6^th respondent Board, to sanction the additional load and changing of tariff in accordance with law, without insisting for No Objection Certificate from the Revenue Department expeditiously.

The petitioner, in respect of the property in question, will not be affected by the order passed.

DINESH KUMAR SINGH JUDGE lsn APPENDIX OF WP(C) 24089/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED

03/07/2024 ISSUED BY THE VILLAGE OFFICER, PALLLIVASAL, THE 4TH RESPONDENT HEREIN TO THE PETITIONER Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 01/07/2024 WITH REGARD TO THE PETITIONER'S BUILDING BEARING NUMBER 9/596 ISSUED BY THE SECRETARY PALLIVASAL GRAMAPANCHAYATH Exhibit P3 TRUE COPY OF THE REPLY DATED 02/07/2024 GIVEN BY 6TH RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT W.P.(C) NO 10832/2017 DATED 12/12/2018 NEUTRAL CITATION NUMBER 2018:KER:67874 Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT W.P.(C) NO 15587/2024 DATED 12/04/2024 NEUTRAL CITATION NUMBER 2024:KER:29365 RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JDUGE LSN