Electricity connection cannot be granted for properties under demolition without ownership documents as per relevant regulations.

JUDGMENT

The petitioner, a Company registered under the Companies Act, 1956 , is aggrieved by Ext.P17 order by which the 2^nd respondent – Electricity Board granted permission to provide electricity connection to the 3^rd respondent with respect to a building that has been ordered to be demolished by the Kochi Corporation.

2. Regulation 45 of the Kerala Electricity Supply Code , 2014, deals with the documents required to be produced for getting an electricity connection, which includes (i) certified copy of title deed or lease agreement;

(ii) letter of authorisation from the Punja/Kole Special Officer in the case of agricultural connections for dewatering;

(iii) ownership certificate from Municipal Corporation or Municipality or Panchayat or Township in the case of buildings;

(iv) ownership certificate issued by competent revenue authority in the case of land;

(v) letter of allotment in the case of industrial estates or industrial parks or Special Economic Zones;

(vi) possession certificate from Revenue authorities.

3. It is stated that an applicant who is not an owner but an occupier of the premises shall furnish a No Objection Certificate from the owner of the premises, along with any one of the documents listed out in the sub-regulation. Again, if an applicant is not an owner but an occupier of the premises, a No Objection Certificate from the owner of the premises, along with any one of the documents listed had to be produced. One of the documents insisted upon is the ownership/possession certificate of the land issued by the competent revenue authority.

4. The Board seeks to sustain Ext.P17 relying on Ext.R1(a)

consent, stated to have been issued by a person whom the petitioner alleges is not even a Director of the Company and at any rate, that the same is not from the owner. The Board also relies on Ext.R1(b), an undertaking from the 3^rd respondent – the alleged occupier and also relies on Ext.R1(c), a possession certificate issued on 06.05.2025, which shows that the person to whom the certificate is issued is the petitioner Company and that K.N. Abdul Gafoor is shown as “the guardian”. It is acting on the above documents that the Board has granted the connection, as seen from Ext.P17. It is also stated in Ext.P17 that Abdul Gafoor – the 4^th respondent is a co-owner of the property. He had also submitted a possession certificate from Edappally South Village Office and a No Objection Certificate for giving service connection to the 3^rd respondent. The 3^rd respondent had also submitted a consent agreeing to terminate the connection, if any court or authority directs.

5. It is to be noticed that this Court had passed Ext.P5 interim order dated 11^th December, 2024 in W.P.(C) No.44134 of 2024, directing the Corporation and the Station House Officer, Elamakkara, to ensure that the stop memo issued by the Corporation is enforced and no further constructions are carried out by the 5^th respondent in the said writ petition, who is the 4^th respondent in the present writ petition. The petitioner had alleged that the said order had been flouted, and this Court passed Ext.P6 order on 20^th December, 2024, directing respondents 1 to 4 to ensure that the 4^th respondent herein is not carrying out any construction in the property. The Corporation had also passed Ext.P10 order dated 08.12.2025, directing demolition of the construction in question. The petitioner Company had also filed W.P.(C) No.7385 of 2025 seeking police protection to implement the orders of the demolition. However, the construction was carried out despite the above orders, which is a matter of serious concern.

6. It is to such a building that the connection has been granted by the electricity board in total violation of the rel