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2024 Supreme(Online)(KER) 27324
HIGH COURT OF KERALA
N. NAGARESH, J
SEBY – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WP(C) 5665/2024
Electricity connection can be given without No Objection Certificate from the Revenue Authority, but at the same time, protecting the right of the Revenue Department over the land.
Headnote:
ELECTRICITY - CONNECTION - ENHANCEMENT OF CONNECT LOAD - NO OBJECTION CERTIFICATE FROM REVENUE AUTHORITY - NOT INSISTED - DIRECTIONS ISSUED.
Fact of the Case:
The petitioner, who owns a property in Pallivasal Village, Devikulam Taluk, and conducts a home stay in the property, requested the respondents to convert the electricity connection of the petitioner bearing No.1156159011005 as a 3 Phase connection at the cost of the petitioner. Respondents 5 and 6 refused to consider the request of the petitioner for enhancing the connect load of the petitioner for the reason that the 2nd respondent-Revenue Divisional Officer prohibited providing additional load of electricity connection to buildings constructed without obtaining No Objection Certificate from the 2nd respondent.
Finding of the Court:
The court directed respondents 5 and 6 to enhance the connect load of the petitioner bearing No.1156159011005 in the tariff of LT-7A with connect load of 15 KW to the petitioner in accordance with law, if the petitioner is otherwise eligible, without insisting for No Objection Certificate from the Revenue Authority.
Issues: Whether the respondents can insist on a No Objection Certificate from the Revenue Authority for enhancing the connect load of the petitioner's electricity connection.
Ratio Decidendi: The court relied on its earlier judgments in W.P.(C) No.10832 of 2017 dated 12.12.2018 and W.P.(C) NO 29138 / 2023 DATED 07.09.2023, wherein it had held that electricity connection can be given without No Objection Certificate, but at the same time, protecting the right of the Revenue Department over the land.
Final Decision: The court disposed of the writ petition directing respondents 5 and 6 to enhance the connect load of the petitioner without insisting for No Objection Certificate from the Revenue Authority.
JUDGMENT
Dated this the 14th day of February, 2024 The petitioner is having 14.67 Ares of property in Survey No.152/2-1 of Pallivasal Village of Devikulam Taluk. The petitioner is conducting a home stay in the property. The petitioner is provided with electricity connection bearing No.1156159011005 in the tariff of LT-7A with connect load of 15 kw. The petitioner requested the respondents to convert the electricity connection of the petitioner bearing No.1156159011005 as a 3 Phase connection at the cost of the petitioner. Respondents 5 and 6 are refusing to consider the request of the petitioner for enhancing the connect load of the petitioner for the reason that the 2nd respondent-Revenue Divisional Officer prohibited providing additional load of electricity connection to buildings constructed without obtaining No Objection Certificate from the 2nd respondent.
2. This Court in W.P.(C) No.10832 of 2017 dated
12.12.2018 overruled similar objection of respondents 1 to 3 and directed issuance of electricity connection reserving the right of respondents 1 to 3 to initiate proceedings, if any. Hence, the petitioner has filed this writ petition for similar relief.
3. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 4 and the learned Standing Counsel representing respondents 5 and 6.
4. In relation to supply of electricity in Munnar area, the issue was considered by this Court and in a number of judgments including Ext.P6 judgment, directions were given to give electricity connection without No Objection Certificate, but at the same time, protecting the right of the Revenue Department over the land.
Following Ext.P6 and other similar judgments, this writ petition is disposed of directing respondents 5 and 6 to enhance the connect load of the petitioner bearing No.1156159011005 in the tariff of LT-7A with connect load of 15 KW to the petitioner in accordance with law, if the petitioner is otherwise eligible, without insisting for No Objection Certificate from the Revenue Authority. Needless to mention that enhancement of connect load provided to the petitioner shall not confer the petitioner with any title over the property where the electricity is supplied. The claim of the Revenue Authority shall not be affected in any manner by grant of such enhanced connect load.
Sd/-
N. NAGARESH JUDGE
APPENDIX OF WP(C) 5665/2024 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PALLIVASAL DATED 02.06.2023 Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE SECRETARY OF PALLIVASAL GRAMA PANCHAYAT DATED
24.07.2023 Exhibit P3 TRUE COPY OF THE ELECTRICITY BILL ISSUED BY THE 6TH RESPONDENT DATED
02.02.2024 Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 07.02.2024 Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO 10832/2017 DATED 12.12.2018 Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO 29138 /
2023 DATED 07.09.2023
