IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22048 of 2009(A)
1. M/S.IDEA CELLULAR LTD., SEOND FLOOR,
... Petitioner
Vs
1. THE DY.CHIEF ENGINEER,
... Respondent
2. THE ASST.ENGINEER, ELECTRICAL SECTION,
3. THE ELECTRICAL INSPECTOR,
For Petitioner :SRI.SANTHOSH MATHEW
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :10/08/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.22048 OF 2009
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Dated this the 10th day of August, 2009.
JUDGMENT
Petitioner is a High Tension consumer of the Kerala
State Electricity Board. They executed Ext.P1 agreement
with the respondents, for supply of electrical energy. In so
far as this writ petition is concerned, petitioner was
allocated 90 KVA of power and the petitioner had installed
a transformer with a capacity of 200 KVA.
2. Subsequently, it would appear that the petitioner
had installed a transformer with 315 KVA capacity, which
according to the petitioner was based on Ext.P5 approval
granted by the Chief Electrical Inspector. It is stated by the
petitioner that pursuant to Ext.P5, they applied for
additional allocation of 160 KVA.
3. However, without obtaining approval of the Board,
the installation of transformer was completed and that lead
WP(c).No.22048/09 2
to the issuance of Exts.P10 and P14. It is stated that following
Ext.P14, power supply to the transformer in question was
disconnected and that lead the petitioner to file this writ
petition.
4. Along with I.A.No.10020/2009, counsel for the
petitioner produced Exts.P15 to P17. Counsel submits that in
view of Ext.P14, they have removed the 315 KVA transformer
and reinstalled the earlier transformer with 200 KVA.
According to the petitioner, the Electrical Inspector has also
granted temporary sanction under Rule 63 for energizing the
transformer with 200 KVA. It is stated that immediately on
receipt of the said order, they have filed Ext.P17 application
before the first respondent, requesting to do the needful for
energizing the transformer and reinstate the service
connection.
5. A counter affidavit has been filed by the respondents.
According to the respondents, the installation of the
transformer with 315 KVA was without prior approval of the
WP(c).No.22048/09 3
Board and the petitioner has also not applied for
regularization of the installation. In so far as Ext.P17 request
made by the petitioner for energizing the 200 KVA transformer
is concerned, learned Standing Counsel for the respondents on
instruction submits that, unless the petitioner removes the
same unauthorised installation or regularizing the said
installation, the respondents cannot restore power supply.
This submission of the learned Standing Counsel for the
respondents is contradicted by the counsel for the petitioner,
who contends that the installation in place is the one which
they had installed at the time when 200 KVA was installed.
6. In view of Ext.P17 request made by the petitioner for
restoring the power supply, what stands in the way of the
Board is the presence of the installation with a higher capacity
and the Board wants the same to be removed. On the other
hand, the case of the petitioner is that installation is the same
as the one which was installed by them at the time when 200
KV transformer was installed. Taking into this disputed
WP(c).No.22048/09 4
question, which cannot be resolved in a writ petition, I dispose
of this writ petition with the following directions.
I direct the first respondent to consider Ext.P17, inspect
the installation of the petitioner and on instruction, if he
satisfied that the installation of the petitioner available at the
site was the one installed at the time when 200KV transformer
was available, the respondent shall take necessary steps for
restoration of the supply, subject to usual conditions that are
imposed by them. This shall be done at any rate, within 7 days
from the date of production of a copy of the judgment.
Petitioner shall produce a copy of the judgment before
the first respondent for compliance.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.22048/09 5