High Court Kerala High Court

Asst. Secretary vs A.P.Cheriyan on 21 January, 2010

Kerala High Court
Asst. Secretary vs A.P.Cheriyan on 21 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36362 of 2009(M)


1. ASST. SECRETARY, ELECTRICITY DEPARTMENT
                      ...  Petitioner
2. THRISSUR CORPORATION REPRESENTED BY
3. ASST. ENGINEER, ELECTRICITY WING,

                        Vs



1. A.P.CHERIYAN, ALENGATTU MANAVALAN HOUSE,
                       ...       Respondent

2. ASST. ENGINEER, ELECTRICAL SECTION,

3. KERALA STATE ELECTRICITY BOARD,

4. THE DISTRICT CONSUMER DISPUTES

                For Petitioner  :SRI.K.B.MOHANDAS

                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :21/01/2010

 O R D E R
                   P.R. RAMACHANDRA MENON, J.
             ..............................................................................
                     W.P.(C)Nos. 36362 OF 2009
                                                  &
                                      384 OF 2010
              .........................................................................
                   Dated this the 21st January , 2010



                                   J U D G M E N T

The issue involved in both these Writ Petitions rather

centres round on non-providing necessary electric connection to

the petitioner in W.P.(C) No. 384 of 2010, allegedly because of

the dispute between the KSEB and the Thrissur Municipal

Corporation, particularly as to who is the actual person to

provide necessary connection to the petitioner/(‘consumer’ in

short).

2. The consumer constructed a building and submitted

application for connection before the Corporation who was stated

as the concerned licensee in the area to provide the service

connection under OYEC scheme. But the Corporation refused to

accept the same, stating that the area where the building is

situated was in Vilvattom Panchayath, which does not come

W.P.(C)Nos. 36362 OF 2009 &
384 OF 2010

2

within the jurisdiction of the Corporation and that it is for the

KSEB to provide the electric connection in the said area. In the

said circumstances, the petitioner filed application before the

third respondent for getting connection and remitted the

prescribed fees as evidenced by Exts. P1 to P3. Despite the

collection of the requisite amount, as stipulated by the Board,

the connection was not given in view of the dispute between the

KSEB and the Corporation as to who was the actual person to

provide necessary connection. The consumer was constrained to

approach the CDRF, Thrissur by filing C.C.No. 652 of 2009,

wherein an order was passed, directing the Corporation to

provide connection to the consumer. Since the Corporation did

not choose to implement the same, the consumer filed further

proceedings so as to get it executed, in the course of which, the

CDRF passed an order of arrest and detention of the concerned

officers of the Corporation, which in turn is subjected to

challenge by the Corporation and the officers concerned in W.P.

(C) No. 36362 of 2009, wherein further proceedings have been

W.P.(C)Nos. 36362 OF 2009 &
384 OF 2010

3

intercepted by this Court, as per the interim order dated

16.12.2009. It is in the said circumstances, that the consumer

has approached this Court by filing W.P.(C)No.384 of 2010

seeking for appropriate reliefs.

3. The respondent Board has filed a statement, while the

Corporation has filed a counter affidavit in W.P.(C)No. 384 of

2010. The learned Counsel for the consumer(petitioner in WP(C)

384 of 2010) submits, with reference to Exts. P5 and P6

proceedings in the other case, that as per the letter issued by

the Regulatory Commission vide Ext. P5, if at all the concerned

licensee/service provider is not having any infrastructure to

provide necessary connection to the concerned building situated

in the area and if any other licensee in the nearby area is having

such facility, the connection can be provided to the beneficiary,

making use of such facility of the nearby licensee, after entering

into necessary agreement between the licensee and the Board.

It was pursuant to Ext. P5 that Ext. P6 resolution was passed by

the Thrissur Municipal Corporation, who is the licensee of the

W.P.(C)Nos. 36362 OF 2009 &
384 OF 2010

4

nearby area, to provide connection to the consumer in the

nearby/adjoining area, which however comes within the area and

jurisdiction of the Board, provided necessary agreements are

executed by the Board in this regard and that the draft

agreement prepared in this regard has been approved

accordingly. The learned Counsel for the consumer submits that,

despite Exts.P5 and P6, proceedings are still to be finalised and

the respondent Board and the Municipal Corporation are simply

playing ‘hide and seek’ game, insinuating each other.

4. It is very much evident from the contents of the

statement filed by the KSEB that they have conceded that the

area in question where the building of the consumer is situated

comes very much within the jurisdiction of the Board and not

within the area of the Corporation of Thrissur. In view of the

factual position stated as above, it is equally for both the KSEB

and the Municipal Corporation, Thrissur, to provide the

connection to the consumer, in the light of Ext P5, of course after

making proper agreement with regard to the supply, to be

W.P.(C)Nos. 36362 OF 2009 &
384 OF 2010

5

routed through the KSEB. The learned Counsel for the petitioner

in W.P.(C) No.384 of 2010 also submits that the petitioner does

not intend to enforce the order passed by the CDRF causing

arrest and detention of the officers of the Corporation and that

the petitioner is only anxious about the connection to be provided

to the petitioner . It is further brought to the notice of this

Court that orders have been passed by this Court in W.P. (C)

No.27963 of 2009 (as borne by Ext.P5 in WP(C) 384 of 2010)

directing the Corporation to provide necessary electric

connection. But taking note of the specific averments raised by

the Corporation in the counter affidavit filed from their side and

also taking note of the contents of Exts. P5 and P6 in W.P.(C)No.

36362 of 2009, this Court finds that an agreement has to be

executed between the Board and the Corporation on the basis

of Ext. P5 letter issued by the Regulatory Commission and

Ext.P6 resolution passed by the Corporation, so as to route the

electric energy through the KSEB, making use of infrastructure

available to the Corporation in the area, and to give necessary

W.P.(C)Nos. 36362 OF 2009 &
384 OF 2010

6

connection to the consumer.

5. With regard to the submission made from the part of the

Board as to the necessity to install ‘two meters’ in the premises

of the petitioner so as to protect the interest of the Board as

well, against the claims if at all to be raised from the part of

the Corporation in the due course, this is purely a matter

between the Board and the Corporation and the proceedings in

this regard shall not deter or delay in providing necessary

connection to the consumer, which shall be finalised after

executing necessary agreement between the Board and the

Corporation immediateely.

6. In the above facts and circumstances, this Court directs

both the KSE Board and the Municipal Corporation, Thrissur to

finalise the steps for executing the agreement between the Board

and the Corporation, as expeditiously as possible, at any rate,

within two weeks from the date of receipt of a copy of the

judgment and provide necessary connection to the petitioner in

WP(C) 384 of 2010 making use of the infrastructure available to

W.P.(C)Nos. 36362 OF 2009 &
384 OF 2010

7

the Corporation in the area within a further period of one week

thereafter. The consumer (petitioner in WP(C) 384 of 2010) shall

comply with the statutory formalities, if any, including payment

of all necessary charges as and when demanded by the Board

or the Corporation, as the case may be.

7. In the above circumstances, the issue is set at rest on

consensus and no further proceedings need be pursued on the

basis of Ext. P1 in WP(C) 36362 of 2009; the same having been

remedied otherwise, as stated above.

Both the Writ Petitions are disposed of as above.

P.R. RAMACHANDRA MENON,
JUDGE.

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