Atlas Celestial Park Owners Association & Atlas Gold Townships India Private Ltd v. Kerala State Electricity Regulatory Commission and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940** ## **WP(C).No. 15370 of 2017** ## **PETITIONER/S:** - **1 ATLAS CELESTIAL PARK OWNERS ASSOCIATION REGISTRATION NO.EKM/TC/70/2015 NSS JUNCTION,NAYATHODE.P.O,NEDUMBASSERY,ERNAKULAM683572,REPRESENTED BY ITS SECRETARY.** - **2 SAJI SEBASTIAN, PROPRIETOR,ROYAS CASTLE LUXURY AIRPORT LODGE,ATLAS CELESTIAL PARK APARTMENTS NSS JUNCTION,NAYATHODE.P.O,NEDUMBASSERY,ERNAKULAM-683572.** - **3 ROY ABRAHAM, (APARTMENT NO.611)RESIDING AT IV/261,ALACKAPPALLY HOUSE,KODIKULAM DESOM, THODUPUZHA-685582.** - **BY ADVS. SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN** ## **RESPONDENT/S:** - **1 KERALA STATE ELECTRICITY REGULATORY COMMISSION PATTOM,THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY.** - **2 KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM695004,REPRESENTED BY ITS SECRETARY.** - **3 THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD,ELECTRICAL CIRCLE,POOPANI ROAD,PERUMBAVUR,ERNAKULAM-683542.** - **4 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION,KALADY-683574.** - **5 MS.ATLAS GOLD TOWNSHIPS INDIA PVT.LTD NEAR FEDERAL BANK,VAPPALLASSERY PO, ANGAMALY,ERNAKULAM-683572.REPRESENTED BY ITS EXECUTIVE DIRECTOR.** - **6 SRI.C.P.MATHEW, CHELATTU HOUSE, KOTHAMANGALAM-686691.** WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 2 ## **7 SRI.MADHURAJ, SANTHA MADHIRAM,BEHIND AYYAPPA TEMPLE,KONDOTTY,MALAPPURAM-673638.** ***ADDL8 GREENOL KB, S/O MR.BALAKRISHNAN, AGED 63 YEARS, RESIDING AT GREE NEST, KALARIKKAL, KURUMPILAVU, THRISSUR DISTRICT, PIN-680564. (*ADDL R8 IS IMPLEADED VIDE ORDER DATED 09.10.2017 IN IA NO.15723/17)** **BY ADVS. SRI.V.J.MATHEW (SR.) SRI.LAL K.JOSEPH SRI.M.R.ANISON SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BO SMT.K.P.GEETHA MANI SMT.S.KARTHIKA SRI.A.A.ZIYAD RAHMAN SRI.ABHILASH BHASKAR SRI.BINU JOHN SRI.J.ARUN SRI.K.S.ANIL SRI.S.SUJIN SC ELECTRICITY REGULATORY COMMISSION SRI.SUDHEER GANESH KUMAR R. - SC KERALA STATE ELECTRICITY BO SRI.VIPIN P.VARGHESE-SC-KSERC SRI.V.J.MATHEW (SR.) SMT.REKHA C.NAIR-SR.GP, SRI.T.NAVEEN-SC, SRI.P.P.THAJUDEEN-SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.02.2019, ALONG WITH WP(C).21563/2018, WP(C).23730/2017, WP(C).29196/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940 WP(C).No. 21563 of 2018** ## **PETITIONER/S:** **1 N.V.JOSE, AGED 45 YEARS, NAMBIAPARAMBIL HOUSE, VAZHAKULAM P.O.,MUVATTUPUZHA - 686 670. 2 T.A.PURUSHOTHAMAN NAIR, THERATTU HOUSE, KIDANGOOR P.O., ANGAMALY=683 572. BY ADVS. SRI.PRASAD CHANDRAN SRI. P. RAMAKRISHNAN SMT. PREETHI RAMAKRISHNAN SRI. T.C. KRISHNA SRI. C. ANILKUMAR SMT. ASHA K SHENOY SRI. PRATAP ABRAHAM VARGHESE** ## **RESPONDENT/S:** **1 ATLAS GOLD TOWNSHIPS (INDIA) PVT. LIMITED NEAR FEDERAL BANK, VAPPALASSERY P.O.,ANGAMALY, ERNAKULAM - 683 572, REPRESENTED BY ITS EXECUTIVE DIRECTOR. 2 KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS SECRETARY. 3 ATLAS CELESTIAL PARK OWNERS ASSOCIATION REG.NO.EKM/TC/70/2015, NSS JUNCTION,NEDUMBASSERY, NAYATHODE PO, ERNAKULAM - 683 572, REPRESENTED BY ITS SECRETARY.** WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 4 |**4**|**ATLAS CELESTIAL PARK APARTMENT OWNERS ASSOCIATION**| |---|---| ||**REG.NO.EKM/TC/885/2014, NSS JUNCTION,NEDUMBASSERY,**| ||**NAYATHODE P.O., ERNAKULAM - 683 572,**| ||**REPRESENTED BY ITS SECRETARY.**| |**5**|**THE CHIEF ELECTRICAL INSPECTOR**| ||**OFFICE OF THE CHIEF ELECTRICAL INSPECTOR,**| ||**HOUSING BOARD BUILDING, SHANTHI NAGAR,**| ||**THIRUVANANTHAPURAM-695 001.**| ||**BY ADV. SRI. SUDHEER GANESH KUMAR – SC**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.02.2019, ALONG WITH WP(C).15370/2017, WP(C).29196/2017, WP(C).23730/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940 WP(C).No. 23730 of 2017** ## **PETITIONER/S:** **1 ATLAS CELESTIAL PARK APARTMENT OWNERS ASSOCIATION REG NO.EKM/TC/885/2014, N.S.S. JUNCTION, NAYATHODE, NEDUMBASSERY, ERNAKULAM PIN- 683 572 REP. BY ITS SECRETARY 2 K.MADHURAJ, AGED 50 YEARS, S/O K.ACHUTHAN PILLAI, FLAT NO.ACP 428, ATLAS CLESTIAL PARK, NAYATHODU P.O. ANGAMALY, ERNAKULAM BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA** ## **RESPONDENT/S:** |**1**|**KERALA STATE ELECTRICITY BOARD LTD**| |---|---| ||**VYDHYDHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM,**| ||**PIN- 695 004, REP. BY ITS CHAIRMAN**| |**2**|**THE DEPUTY CHIEF ENGINEER**| ||**KERALA STATE ELECTRICITY BOARD LTD,**| ||**ELECTRICAL CIRCLE, PERUMBAVOOR, PIN- 683 542**| |**3**|**THE ASSISTANT ENGINEER**| ||**KERALA STATE ELECTRICITY BOARD LTD.**| ||**ELECTRICAL SECTION, KALADY, PIN- 683 574**| |**4**|**ATLAS GOLD TOWNSHIPS INDIA PRIVATE LTD**| ||**NEAR FEDERAL BANK, VAPPALLASSERRY P.O. ANGAMALY,**| ||**ERNAKULAM, PIN- 683 572**| ||**REP. BY ITS EXECUTIVE DIRECTOR**| WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 6 **5 ATLAS CLESTIAL PARK OWNERS ASSOCIATION REGISTRATION NO.EKM/TC/70/2015 NSS JUNCTION, NEDUMBASSERY, NAYATHODE P.O. PIN- 683 572 REP. BY ITS SECRETARY** **6 THE KERALA ELECTRICITY REGULATORY COMMISSION KPFC BHAVANAM, CV RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN- 695 001 REPRESENTED BY ITS SECRETARY** **7 THE CHIEF ELECTRICAL INSPECTOR DEPARTMENT OF ELECTRICAL INSPECTORATE OFFICE OF CHIEF ELECTRICAL INSPECTOR, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANANTHAPURAM, PIN 695 001** **BY ADVS. SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BOARD LIMITED ADV.R.RAJPRADEEP SRI.M.R.ANISON SRI.V.J.MATHEW (SR.) SMT.K.P.GEETHA MANI SMT.P.A.RINUSA SMT.S.KARTHIKA SRI.ABHILASH BHASKAR SRI.BINU JOHN SRI.BRIJESH MOHAN SRI.J.ARUN SRI.K.JAJU BABU (SR.) SMT. REKHA C NAIR – SENIOR GP SRI.VIPIN P.VARGHESE SC KSERC SRI.V.J.MATHEW (SR.)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.02.2019, ALONG WITH WP(C).15370/2017, WP(C).29196/2017, WP(C).21563/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940** **WP(C).No. 29196 of 2017** ## **PETITIONER/S:** **SAJITH J.M, S/O. LATE M. T YOHANNAN AGED 39 YEARS, MOOLAMKUZHY HOUSE,PERUMPILLY P.O, MULAMTHURUTHY, ERNAKULAM DISTRICT,PRESENTLY RESIDING IN FLAT NO.ACT - 121ATLAS CELESTIAL PARK, NAYATHODE P.O, NEDUMBASSERY ERNAKULAM DISTRICT.** **BY ADVS. SRI.ANOOP.V.NAIR SMT.M.SRUTHI DAS SRI.M.V.SURESH (KANNUR) SRI.V.K.SREEJITH SRI.V.MANOJKUMAR** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REP. BY THE SECRETARY TO GOVERNMENT,LOCAL**| ||**SELFGOVERNMENT DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT,THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DISTRICT COLLECTOR**| ||**COLLECTORATE, KAKKANAD, ERNAKULAM PIN- 682 030.**| |**3**|**KERALA STATE POLLUTION CONTROL BOARD**| ||**ERNAKULAM, COCHIN -20**| ||**REP; BY ITS ENVIRONMENTAL ENGINEER.**| |**4**|**THE ASST. DIVISIONAL OFFICER**| ||**FIRE & RESCUE SERVICES, KADAVANTHRA,**| ||**ERNAKULAM - 682 020.**| WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 8 - **5 FIRE STATION OFFICER FIRE & RESCUE SERVICES, NEAR TELK, ANGAMALY,ERNAKULAM DISTRICT - 683 573.** - **6 THE SECRETARY, ANGAMALY MUNICIPALITY, ANGAMALY, ERNAKULAM DISTRICT - 683 532.** - **7 THE ANGAMALY MUNICIPALITY, REP: BY ITS SECRETARY, ANGAMALY, ERNAKULAM DISTRICT - 683 572.** - **8 ATLAS GOLD TOWNSHIP OFFICE OF ATLAS GOLD TOWNSHIP, ROOM NO.104, 105, 106 ATLAS CELESTIAL PARK NAYATHODE P.O, NEDUMBASSERY, ERANAKULAM DISTRICT REP: BY GENERAL MANAGER JOSE VARGHESE RESIDING ATTHETTAYIL VEEDU, CHOVVARA, ERNAKULAM DISTRICT - 683 572.** - **9 ATLAS HOLIDAYS PVT. LTD VYSALI RESTAURANT ATLAS CELESTIAL PARK, NAYATHODE P.O, NEDUMBASSERY, ERANAKULAM DISTRICT REP: BY GENERAL MANAGER JOSE VARGHESE RESIDING ATTHETTAYIL VEEDU, CHOVVARA, ERNAKULAM DISTRICT - 683 572.** - **10 JOSE VARGHESE, MANAGER,ATLAS HOLIDAYS PVT. LTD & VYSALI RESTAURANT ATLAS CELESTIAL PARK,NAYATHODE P.O, NEDUMBASSERY, ERANAKULAM DISTRICT RESIDING AT THETTAYIL VEEDU, CHOVVARA, ERNAKULAM DISTRICT - 683 572** - **11 CHIEF TOWN PLANNER, PLANNING OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT - 682 030.** - ***ADDL R12 ATLAS CLESTIAL PARK OWNERS ASSOCIATION REGISTRATION NO.EKM/TC/70/2015 NSS JUNCTION, NEDUMBASSERY, NAYATHODE P.O. PIN- 683 572 REP. BY ITS SECRETARY** - **(*ADDL R12 IS IMPLEADED AS PER ORDER DATED** - **19.02.2018 IN IA NO.19882/17 IN THE WPC)** ## **BY ADVS.** **SRI.M.R.ANISON SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,** **SMT.K.P.GEETHA MANI** WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 9 **SMT.M.U.VIJAYALAKSHMI SMT.P.A.RINUSA SRI.ABHILASH BHASKAR SRI.BINU JOHN SRI.J.ARUN SRI.K.JAJU BABU (SR.) SRI. P.P.THAJUDEEN SC ANGAMALY MUNICIPALITY SRI. T.NAVEEN SC KERALA STATE POLLUTION CONTROL BOARD** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.02.2019, ALONG WITH WP(C).15370/2017, WP(C).21563/2018, WP(C).23730/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 10 ## **JUDGMENT** Certain indistinct conflicts between two sets of allottees of apartments in a multistoried complex, constructed by a builder by name Atlas Gold Townships (India) Pvt Ltd (hereinafter referred to as The Builder), are at the core of all the contentions in these writ petitions. 2. Since the allegations and averments in these writ petitions are concaterated with each other and the contentions and assertions in one being entwined with those in the others, I deem it appropriate to dispose of all these writ petitions through this judgment. 3. The genesis of the issues in these cases appears to be that after the multi-storied building was constructed by the Builder, they had presented a scheme for its energisation before the Kerala State Electricity Board (KSEB for short), as per which, the building was to have only one High Tension connection, with the WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 11 individual apartments being fitted with submeters and the electricity charges to be paid as per individual consumption by each of the apartment owners. This led to some of the allottees to seek individual domestic connections for their apartments and two writ petitions were filed before this Court, namely, WP(C)No.27140/2015 and WP(C)No.6548/2016, wherein an interim order was issued on 10.03.2016, as per which, the KSEB and the Electrical Inspectorate were directed to allow such allottees to present a new scheme for energisation, so as to obtain Low Tension domestic connection to their apartments. However, even before this order could be implemented fully, some of those allottees approached the Kerala State Electricity Regulatory Commission (hereinafter referred to as the “Regulatory Commission” for short) seeking action against the Officers of the KSEB, on the allegation that the initial scheme, granting a WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 12 single High Tension connection to the building, was illegal and unlawful; with a further request that the individual allottees of the apartments be given separate domestic connections. After making this application before the Regulatory Commission, they sought permission to withdraw the aforementioned WP(C)Nos.27140/2015 and 6548/2016, which were allowed by this Court; however, specifically clarifying that the Regulatory Commission must consider the question of its jurisdiction in entertaining the said applications. 4. It appears that subsequent to this, the Regulatory Commission issued an order, dated 26.04.2017, a copy of which has been placed on record as Ext.P5 in WP(C)No.15370/2017; wherein several directions have been issued, both against the Officers of the KSEB in having granted a single HT connection to the builidng as also with respect to the alleged defects in the WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 13 distribution system provided in the building; further enumerating the measures to be taken to rectify such deficiencies. This order has been challenged by the petitioners in WP(C)No.15370/2017; while the petitioners in the other writ petitions appear to be supporting the said order and wanting its implementation. 5. I have heard Sri. Jaju Babu, the learned Senior Counsel assisted by Sri. Brijesh Mohan, the learned counsel appearing for the petitioners in WP(C)No.15370/2017; Sri. Prasad Chandran, the learned counsel appearing for the petitioners in WP(C)No.21563/2018; Sri. Ziyad Rahman, the learned counsel appearing for the petitioners in WP(C)No.23730/2017; Sri. Anoop V. Nair, the learned counsel appearing for the petitioner in WP(C)No.29196/2017; Sri. M.R. Anison, the learned counsel appearing for the Builder in all these cases; Sri. K.S. Anil, the learned counsel appearing for the additional respondent No.8 in WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 14 WP(C)No.15370/2017; Sri. P.P. Thajudeen, the learned Standing Counsel appearing for the Angamaly Municipality in all these cases; Sri. T. Naveen, the learned Standing Counsel appearing for the Kerala State Pollution Control Board and Sri. Vipin P. Varghese, the learned Standing Counsel appearing for the Regulatory Commission in all these cases. 6. Sri. Jaju Babu, the learned Senior Counsel, commenced his submissions by asserting that the order of the Regulatory Commission, namely Ext.P5 in WP(C)No.15370/2017, has been issued in gross violation of the specific directions of this Court, issued while WP(C)No.27140/2015 and WP(C)No.6548/2016 had been disposed of. He says that the Regulatory Commission was directed by this Court to consider its jurisdictional competence first before entering into the adjudication on the matters placed before it, but that instead of doing so, WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 15 the Commission passed the impugned order, virtually encompassing various facets which were not even brought to its notice for adjudication, however, referring to consider its competence in doing so. The learned Senior Counsel then adds that the said order is bad for another reason, that his clients were never given an opportunity of being heard and that directions detrimental to them have been issued in the said order and therefore, that it deserves to be set aside by this Court. After asserting thus, the learned Senior Counsel further submitted that the conclusions and directions in Ext.P5 order of the Regulatory Commission are no longer relevant because a new scheme, pursuant to the earlier mentioned interim order of this Court in WP(C)No.27140/2015 and WP(C)No.6548/2016, had already been submitted and had been approved by the Electrical Inspectorate, through their order dated 22.07.2015. He says that all necessary WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 16 civil and electrical works to effectuate that scheme have now been completed and therefore, that the KSEB may be allowed to act as per the new scheme, taking note of the imperative regulations relating to safety. 7. The submissions of the learned Senior Counsel has been affirmed by Sri. Prasad Chandran, who adds that while implementing the new scheme, dated 22.07.2015, Regulation No.49(5) of the Kerala Electricity Supply Code 2014 may be directed to be implicitly followed; and that as far as the present factual scenario is concerned, since the internal work is now over, nothing stops the KSEB from energising the building as per the new scheme dated 22.07.2015. 8. Sri. Ziyad Rahman and Sri. K.S. Anil, the learned counsel appearing for certain allottees of the building, who require individual domestic connection to be given to them, say that as per the erailer interim orders in these cases, WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 17 they were allowed to complete the work for modification of the distribution system as also the civil works connected thereto and therefore, that they have done so as per the requirements of the new scheme. They allege that after having done so, which was expressly under the orders of this Court, the Builder is now refusing to sign the completion certificate and other necessary applications and that this is now impeding the grant of electrical connection to their apartments by the KSEB; and consequently prays that the Builder be directed to sign and submit the completion certificate in terms of the new scheme. They then predicate that the impugned order of the Regulatory Commission is irreproachable, since it has full competence in law to issue the said order; particularly in the background of the gross misfeasance of the Authorities of the KSEB in having given one single HT connection to the building earlier and WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 18 therefore, prays that the said order be not set aside. 9. Sri. M.R. Anison, the learned counsel appearing for the Builder, does not offer much resistance to either of the rival submissions, but only says that his client does not want to be burdened with any legal consequences flowing from any deficiency in the work now carried on by the allottees of the building under the new scheme. He says that it is only, therefore, that the Builder has refused to sign the completion certificate; adding that, if the allottees are willing to take full responsibility for the work, then they are willing to sign and submit the completion certificate and other necessary applications before the Electrical Inspectorate, as is required under the Supply Code. 10. Sri. Vipin P. Varghese, the learned Standing Counsel for the Regulatory Commission, though began by asserting that the order issued WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 19 by his client is not at fault, quickly conceded that the issue regarding its jurisdiction was not considered in the said order and further admitted that the petitioners in WP(C)No.15370/2017 were not heard before it was issued. He, therefore, prayed that, if this Court is so inclined, the Regulatory Commission may be allowed to reconsider all the issues, including the question of its jurisdiction, after affording all parties necessary opportunity of being heard. 11. When I consider and evaluate the various submissions made before me by the learned counsel as afore and on examining the averments and materials available on record, it becomes indubitable that most of the controversies projected in these writ petitions have now virtually become irrelevant by efflux of time. Apart from the fact that I fail to comprehend how and why the allottees approached the Regulatory Commission, after having obtained effective ## WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 20 interim orders from this Court in WP(C)Nos.27140/15 and 6548/16, it is unclear in what manner the Regulatory Commission could have exercised any jurisdiction and to have issued an order akin to Ext.P5, produced along with WP(C)No.15370/2017, particularly when the primary issue between the partie was with respect to individual electric connections to the apartments of the building in question. In fact, this stands squarely covered against the Regulatory Commission in the judgment of the Hon’ble Supreme Court in **Maharashtra State Electricity Distribution Co. Ltd v. Lloyds Steel Industries Ltd [2007 KHC 3949]** , wherein the Hon’ble Court has declared the law ineluctably that the Regulatory Commission can adjudicate only on disputes between licensees and the distributing company, but not as regards the individual grievances of the consumers. What is projected in these cases are certainly internecine disputes WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 21 between the allottees and the Builder and I, therefore, cannot comprehend how the Regulatory Commission could have passed the impugned order, without deciding its jurisdiction to do so as a preliminary issue. 12. That said, I do not propose to remit these matters to the Regulatory Commission for a reconsideration, as has been now prayed by Sri. Vipin P. Varghese, because all the other learned counsel, including Sri. Jaju Babu, the learned Senior Counsel, are _ad idem_ that the aspects and complaints impelled before the Regulatory Commission are now unnecessary for further adjudication, since majority of the apartment owners only want individual electric connection, as per the new scheme approved on 22.07.2015. 13. In such view of the matter, I direct the Builder to sign the completion certificate and other necessary documents prepared by the petitioners in WP(C)No.23730/2017, within a WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 22 period of 7 days from the date of receipt of a copy of this judgment and the petitioners in WP(C)No.23730/2017 will be entitled to present this, through an approved electrical contractor, before the Electrical Inspectorate for further action as per the new scheme, dated 22.07.2015. 14. I make it clear that even though the Builder will sign the documents as ordered herein, no responsibility will be cast upon them with respect to the contents of the said documents and that if there are any deficiencies therein, it will be the responsibility of the petitioners in WP(C)No.23730/2017 and such other allottees, who require individual domestic connections, to rectify the same and re-present it appropriately before the Electrical Inspectorate. 15. The KSEB, on receiving the new scheme approved by the Electrical Inspectorate, will take immediate steps to energise the building; WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 23 however, adverting to and in compliance with all imperative safety regulations, without any further delay so as to avoid any further prejudice or inconvenience to the individual allottees. 16. Finally, in view of the consensus between the parties, I set aside the order of the Regulatory Commission, a copy of which has been placed on record as Ext.P5 in WP(C)No.15370/2017, and clarify that individual apartment owners will be granted connection strictly as per the new Scheme, dated 22.07.2015 and that the existing HT connection will not be disturbed. 17. As regards WP(C)No.29196/2017, I notice that in this case there is an additional issue as to the No Objection Certificate to be obtained from the Fire and Rescue Department, with respect to certain commercial spaces in the building. I notice that an interim order has already been issued by this Court, on 05.07.2018, that the WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 24 banquet hall in the building should not be operated without obtaining a proper Fire NOC. This interim order is made absolute. 18. I also make it clear that any further action against the building, as may be required or necessary by the concerned Local Self Government Institution can be continued by them, not withstanding the observations in this judgment, subject to the right of the Builder and the apartment/commercial space owners as per law. These writ petitions are thus ordered. **SD/-** ## **DEVAN RAMACHANDRAN** **JUDGE** RR WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 25 ## APPENDIX OF WP(C) 15370/2017 ## PETITIONER'S/S EXHIBITS: |EXHIBIT P1|TRUE COPY OF THE ORDER NO.B3-| |---|---| ||3170/11/CEI DATED 12.05.2011 ISSUED BY| ||THE CHIEF ELECTRICAL| ||INSPECTOR,THIRUVANANTHAPURAM| |EXHIBIT P2|TRUE COPY OF THE INTERIM ORDER DATED| ||10.03.2016 IN W.P.(C)27140/2015 AND| ||CONNECTED CASE PASSED BY THIS HON'BLE| ||COURT.| |EXHIBIT P3|TRUE COPY OF THE ORDER DATED| ||26.10.2016 IN CP.08/16 AND 09/16 OF| ||THE 1ST RESPONDENT| |EXHIBIT P4|TRUE COPY OF THE WRITTEN STATEMENT| ||FILED BY THE 1ST PETITIONER IN| ||PETITION NOS.C.P.8 AND 9 OF 2016| ||BEFORE THE 1ST RESPONDENT| |EXHIBIT P5|TRUE COPY OF THE ORDER DATED| ||26.04.2017 IN CP.8/2016 AND 9/2016 OF| ||THE 1ST RESPONDENT| |EXHIBIT P6|TRUE COPY OF THE JUDGMENT DATED| ||03.04.2017 IN W.P.(C)N.27140/2015 AND| ||CONNECTED CASE PASSED BY THIS HON'BLE| ||COURT| |EXHIBIT P7|TRUE COPY OF THE COMPLAINT PREFERRED| ||BY THE 6TH RESPONDENT BEFORE THE 1ST| ||RESPONDENT SENT BY E-MAIL.| |RESPONDENT'S/S|EXHIBITS:| |EXHIBIT-R6(a)|TRUE COPY OF THE SALE DEED BEARING NUMBER| ||3964/1/12 DATED 14/9/2012 OF SUB REGISTRAR OFFICE,| ||ANGAMALY.| |EXHIBIT-R6(b)|TRUE COPY OF THE PROPERTY TAX RECEIPT DATED| ||16/7/2014 IN RESPECT OF THE APARTMENT OF THE 7TH| ||RESPONDENT.| |EXHIBIT-R6(c)|TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN| ||THE 7TH RESPONDENT AND THE 5TH RESPONDENT ON| ||10/9/2009| WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 26 EXHIBIT-R5(a) TRUE COPY OF THE SALE DEED EXECUTED BY THIS RESPONDENT TO THE 7TH RESPONDENT DATED 14/9/2012 EXHIBIT-R5(b) TRUE COPY OF THE ORDER ISSUED BY THE ADDITIONAL CHIEF ELECTRICAL INSPECTOR DATED 24/9/2014. EXHIBIT-R5(c) TRUE COPY OF THE LETTER DATED 31/10/2014 ISSUED BY THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD. EXHIBIT-R5(d) TRUE COPY OF THE SCHEME APPROVAL ORDER DATED 22/7/2015 OF THE CHIEF ELECTRICAL INSPECTOR. EXHIBIT-R5(e) A TRUE COPY OF THE STATEMENT FILED ON BEHALF OF THE KERALA STATE ELECTRICITY BOARD IN WP(C) NO. 27140/2015 DATED 16/12/2015. EXHIBIT-R5(f) A TRUE COPY OF THE E-MAIL DATED 30/3/2016 SENT BY THE 5TH RESPONDENT TO THE INDIVIDUAL OWNER OF THE APARTMENTS. EXHIBIT-R5(g) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE DEPUTY CHIEF ENGINEER DATED 9/5/2016. EXHIBIT-R5(h) TRUE COPY OF THE ORDER ISSUED BY THE DEPUTY CHIEF ENGINEER DATED 10/5/2016. EXHIBIT-R5(i) A TRUE COPY OF THE MAHAZAR PREPARED BY ANTIPOWER THEFT SQUAD. EXHIBIT-R5(j) A TRUE COPY OF THE OBJECTION SUBMITTED BY THE TRUE COPY OF THE SCHEME APPROVAL ORDER DATED 22/7/2015 OF THE CHIEF ELECTRICAL INSPECTOR. A TRUE COPY OF THE STATEMENT FILED ON BEHALF OF THE KERALA STATE ELECTRICITY BOARD IN WP(C) NO. 27140/2015 DATED 16/12/2015. A TRUE COPY OF THE E-MAIL DATED 30/3/2016 SENT BY THE 5TH RESPONDENT TO THE INDIVIDUAL OWNER OF THE APARTMENTS. A TRUE COPY OF THE OBJECTION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 26/10/2016. EXHIBITR8(a) EXHIBIT-R8(b) EXHIBIT-R8(c) TRUE COPY OF THE ORDER OF THE OMBUDSMAN DATED 10/11/2016. TRUE COPY OF THE LETTER TO THE STATE BANK OF TRAVANCORE. PETITION TO ACCEPT THE ADDITIONAL DOCUMENTS. WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 27 ## APPENDIX OF WP(C) 21563/2018 PETITIONER'S/S EXHIBITS: EXHIBIT-P1: TRUE COPY OF INTERIM ORDER DATED 10/3/2016 IN WP(C) NO.27140/2015 AND 6548/2016. EXHIBIT-P2: TRUE COPY OF ORDER DATED 26/4/2017 ISSUED BY KERALA STATE ELECTRICITY REGULATORY COMMISSION. EXHIBIT-P3: TRUE COPY OF INTERIM ORDER DATED 23/11/2017 IN WP(C) NOS.15370/2017 AND 23730/2017. EXHIBIT-P4: TRUE COPY OF INTERIM ORDER DATED 16/1/2018 IN WP(C) NO.23730/2017. EXHIBIT-P5: TRUE COPY OF ORDER DATED 5/2/2018 ISSUED BY THIS HONOURABLE COURT IN WP(C) NO.23730/2017. WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 28 ## APPENDIX OF WP(C) 23730/2017 |PETITIONER'S/S|EXHIBITS:| |---|---| |EXHIBITP1|TRUE COPY OF THE CERTIFICATE OF| ||REGISTRATION NO.EKM/TC/885/2014 DATED| ||7-11-2014| |EXHIBITP2|TRUE COPY OF THE COMMUNICATION DATED| ||16-05-2014 ISSUED BY THE 5TH| ||RESPONDENT| |EXHIBIT P3|TRUE COPY OF THE AUTHORIZATION DATED| ||5-12-2015 ISSUED BY DR. A.R. SAJAYAN| |EXHIBIT P4|TRUE COPY OF THE INTERIM ORDER DATED| ||10-03-2016 IN WPC 6548/2016| |EXHIBIT P5|TRUE COPY OF THE COMMUNICATION DATED| ||21-03-2016 ALONG WIHT THE LIST OF THE| ||PERSONS| |EXHIBIT P6|TRUE COPY OF THE ORDER BEARING| ||NO.CGRF-CR/COMP. 151/2015-16 DATED 03-| ||05-2016 PASSED BY THE CONSUMER| ||GRIEVANCE REDRESSAL FORUM| |EXHIBITP7|TRUE COPY OF THE ORDER DATED 10-11-| ||2016 IN APPEAL PETITION P/036/2016| ||PASSED BY THE HONOURABLE OMBUDSMAN| |EXHIBITP8|TRUE COPY OF THE ORDER DATED 26-04-| ||2017 IN CP 8/2016| |EXHIBIT P9|TRUE COPY OF THE COMMUNICATIONS ISSUED| ||BY THE 3RD RESPONDENT HEREIN DATED 10-| ||07-2017| |EXHIBIT P10|TRUE COPY OF THE COMMUNICATION DATED| ||11/12/2018| |EXHIBIT P11|TRUE COPY OF THE COMPLETION| ||CERTIFICATE WHICH REQUIRES THE| ||SIGNATURE OF THE 4TH RESPONDENT DATED| ||NIL.| WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 29 ## RESPONDENT'S/S EXHIBITS: EXHIBIT-R4(a) TRUE COPY OF THE ORDER NO.B3-3170/11/CEI DATED 12/5/2011 ISSUED BY THE CHIEF ELECTRICAL INSPECTOR, THIRUVANANTHAPURAM. EXHIBIT-R4(b) TRUE COPY OF THE ORDER ISSUED BY THE ADDITIONAL CHIEF ELECTRICAL INSPECTOR DATED 24/9/2014. EXHIBIT-R4(c) TRUE COPY OF THE SCHEME APPROVAL ORDER DATED 22/7/2015 ISSUED BY THE CHIEF ELECTRICAL INSPECTOR. EXHIBIT-R4(d) TRUE COPY OF THE LETTER BY THE PETITIONER DATED 9/5/2016 ADDRESSED TO THE DEPUTY CHIEF ENGINEER, KSEB, PERUMBAVOOR. EXHIBIT-R4(e) A TRUE COPY OF THE LETTER DATED 10/5/2016 ISSUED BY THE DEPUTY CHIEF ENGINEER, KSEB, PERUMBAVOOR. EXHIBIT-R4(f) TRUE COPY OF THE ORDER BEARING NO. B315962/2017 /CEI DATED 10/11/2017 ISSUED BY THE CHIEF ELECTRICAL INSPECTOR, THIRUVANANTHAPURAM. EXHIBIT-R5(a) COPY OF THE E-MAILS SENT TO THE MEMBERS OF THE PETITIONER/5TH RESPONDENT ASSOCIATION BY TE PETITIONERS IN THE WRIT PETITION. WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 30 ## APPENDIX OF WP(C) 29196/2017 ## PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF BUILDING PERMIT GRANTED BY THE 7TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE FORM FOR OCCUPANCY CERTIFICATE SUBMITTED BEFORE THE 6TH AND 7TH RESPONDENTS. EXHIBIT P3 TRUE COPY OF THE REPORT AND DIRECTION ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT DATED 19.06.2017. EXHIBIT P4 TRUE COPY OF THE REPORT ISSUED BY THE OFFICE OF THE 11TH RESPONDENT TO ANOTHER FLAT OWNER BEARING NO.A/3169/16/K.DIS. EXHIBIT P5 TRUE COPY OF THE REPLY GIVEN AS PER RTI ACT FROM THE 7TH RESPONDENT'S OFFICE. EXHIBIT P6 TRUE COPY OF THE ORDER OF THE TAHSILDAR, ALUVA DATED 29.07.2016. EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS WHICH SHOWS THAT THE RESPONDENTS 8 TO 10 HAVE ENCROACHED IN TO THE COMMON AREA AND PUBLIC PATHWAYS IN THE 8TH FLOOR. EXHIBIT P7 A TRUE COPY OF THE PHOTOGRAPHS WHICH SHOWS THAT THE RESPONDENTS 8 TO 10 HAVE ENCROACHED IN TO THE COMMON AREA AND PUBLIC PATHWAYS IN THE GROUND FLOOR. ## RESPONDENTS' EXHIBITS: ANNEXURE-R6(a) THE TRUE PHOTOCOPY OF THE PROHIBITION ORDER UNDER SECTION 406(1) OF MUNICIPALITY ACT, DATED 5/12/2017 ANNEXURE-R6(b) THE TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE UNDER SECTION 406(2) OF THE MUNICIPALITY ACT DATED 5/12/2017 ANNEXURE-R6(c) THE TRUE PHOTOCOPY OF THE FINAL ORDER DATED 23/2/2018 ISSUED BY THE SECRETARY, ANGAMALY MUNICIPALITY. WPC Nos.15370/17, 23730/17, 29196/17& 21563/18 31 |ANNEXURE-R8(1)|A TRUE COPY OF THE RENEWED FINAL NOC DATED 28/6/2018| |---|---| ||ISSUED BY THE STATION OFFICER, FIRE AND RESCUE STATION,| ||ANGAMALY.| |ANNEXURE-R8(m)|A TRUE COPY OF THE INTERIM ORDER DATED 2/7/2018 IN IA| ||NO. 908/2018 IN APPEAL NO. 409/2018 ISSUED BY THE| ||HONOURABEL TRIBUNAL FOR LOCAL SELF-GOVERNMENT| ||INSTITUTIONS, THIRUVANANTHAPURAM.| |EXHIBIT-R8(a)|A TRUE COPY OF THE REVISED BUILDING PERMIT DATED| ||8/11/2012 ISSUED BY THE ANGAMALY MUNICIPALITY.| |EXHIBIT-R8(b)|A TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED| ||22/11/2014 ISSUED BY THE 7TH RESPONDENT.| |EXHIBIT-R8(c)|A TRUE COPY OF THE LICENCE FOR RUNNING VYSALI| ||RESTAURANT IN THE ATLAS CELESTIAL PARK ISSUED BY THE| ||7TH RESPONDENT DATED 24/8/2017| |EXHIBIT-R8(d)|A TRUE COPY OF THE LICENCE FOR LODGING ISSUED BY THE| ||7TH RESPONDENT TO 9TH RESPONDENT DATED 24/8/2017| |EXHIBIT-R8(e)|A TRUE COPY OF THE SITE NO. OBJECTION CERTIFICATE| ||DATED 26/7/2010 ISSUED BY THE FIRE AND RESCUE SERVICES.| |EXHIBIT-R8(f)|A TRUE COPY OF THE FINAL NO. OBJECTION CERTIFICATE| ||ISSUED BY THE FIRE AND RESCUE SERVICES DATED 3/10/2012.| |EXHIBIT-R8(g)|A TRUE COPY OF THE APPLICATION FOR RENEWAL OF NOC| ||SUBMITTED BY THE 8TH RESPONDENT DATED 20/5/2017| |EXHIBIT-R8(h)|A TRUE COPY OF THE CHALAN RECEIPT SHOWING| ||REMITTANCE OF FEE FOR RENEWAL APPLICATION.| |EXHIBIT-R8(i)|A TRUE COPY OF THE RECEIPT SHOWING THE SUBMISSION OF| ||VACANCY REMISSION.| |EXHIBIT-R8(j)|A TRUE COPY OF THE STATEMENT FILED IN SP(C) NO.| ||27140/2015 BEFORE THIS HONOURABLE COURT DATED| ||16/12/2015.| |EXHIBIT-R8(k)|A TRUE COPY OF THE INTERIM ORDER DATED 10/3/2016 IN| ||WP(c) NO. 27140/15.|