Electricity Boards must adhere to reconnection regulations without questioning property ownership, ensuring consumer rights are upheld as per the established statutory framework.

JUDGMENT

This is a second round of litigation at the instance of the consumer bearing No.12756, impelled to approach this Court in laying challenge to the letter Ext.P9 dated 10.09.2022 and Ext.P12 dated 22.10.2022. Noticing the contentions of the petitioner in the earlier round of litigation and in the present writ petition this Court on 18.01.2023 passed the following order:

“Inter alia alleges that this Court, vide judgment dated

02.09.2022 in W.P.(C)No.28828 of 2022, issued directions to the Electricity Board to consider the application of the petitioner for restoration of the electric connection as per the conditions prescribed in the Kerala Electricity Act and Kerala Electricity Supply Code within a period of thirty(30) days, noticing the contentions that the property of 1.64 Ares of land in Survey No.114/5, Resurvey No.5/9 of Thanneermukkom North Village and the building thereon, owned by him, has been let out to the society which was issued a temporary electric connection, but owing to the liquidation and non-payment of dues the electric connection was disconnected on 08.12.2018 as per his request and when possession has been obtained with the intervention of the Court, employed the labours in the Krishna Coir Works and submitted requests dated 14.04.2022 and 13.07.2022 for resumption of power supply. It is contended that vide communication dated 10.09.2022 Ext.P9 petitioner has been advised to apply for a fresh connection and the same was duly replied vide Ext.P10 dated 29.11.2022, explaining that all the formalities for restoration of connection has already been complied with along with documents, including the Ownership Certificate dated 28.11.2022 Ext.P11, but respondent Electricity Board have relied upon the Ownership Certificate Ext.P13 which is in respect of a different building and not with regard to the building of the petitioner.

2. I am of the view that this is a prima facie case of harassment of the consumer as provisions of Regulation 147 describes the conditions to be complied for re-connection of supply which apparently have been complied with.

3. Issue notice before admission. Learned Standing Counsel of KSEB accepts notice for respondents 1 to 3. 4. Respondents KSEB are directed to take into consideration all the documents and come up with a positive reply, failing which, this Court may be constrained to take stringent action against the officer, who directed the petitioner to apply for fresh connection without any rhyme and reason.

Post on 20.01.2023.”

2. In response to the aforementioned order, learned counsel appearing on behalf of the Electricity Board shown a photograph to this Court to submit that there is already electric connection with consumer No.17496 on building No.60/XII. Therefore, petitioner has no cause of action for making a request for restoration of the connection. No doubt in the letter Ext.P9 petitioner was advised to apply for fresh connection for the reason that as per the Central Electricity Authority Notification the electric connection had already been dismantled six months back. In the communication Ext.P12, it was informed to give the details of the person in whose name the ownership of the building is vested and the original number of the building in order to give the electric connection.

3. Learned counsel appearing on behalf of the petitioner submitted that this Court, in the judgment dated 02.09.2022 in W.P.(C).No.28828 of 2022 has already held that the electricity department has no locus standi to challenge the ownership of the person/ the property, for, they are playing hide and seek with the consumer and causing harassment. Petitioner, as per the ownership certificate dated 28.11.2022 Ext.P11, is the owner of the building No.64 in ward number 12 whereas the electric connection now shown to the Court is of building No.60/XII. Precisely this was the ground of challenge in the writ petition as the Electricity Board had on their own taken a certificate from the same very Grama