High Court of KeralaSingle Judge2021-09-30Disposed of

Green Pepper Resorts Pvt. Ltd. v. District Collector, Collectorate, Painavu, Idukki; Revenue Divisional Officer, Devikulam; Tahsildar, Devikulam; Village Officer, Pallivasal; Deputy Chief Engineer, Kerala State Electricity Board Limited; Assistant Engineer Electrical Sub Division, KSEB Ltd.

Case / Petition Number:WP(C) No.12267 of 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Bechu Kurian Thomas
Judgment Date: 2021-09-30
Court Decision / Holding: The petitioner is entitled to have the LT connection converted to HT, provided he complies with the Electricity Supply Code. The court directs that the respondents 5 and 6 consider the petitioner's HT conversion within a time-bound period or on receipt of a fresh application, without reference to the absence of an NOC from revenue authorities, and subject to completion certificates and the applicable formalities under the Electricity Supply Code. The petitioner is not entitled to equity based on the grant of the conversion. This writ petition is disposed of.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

Green Pepper Resorts Pvt. Ltd.

Respondents

District Collector, Collectorate, Painavu, Idukki-685502
Revenue Divisional Officer, Devikulam, Idukki District-685613
Tahsildar, Taluk Office, Devikulam, Idukki District-685613
Village Officer, Pallivasal Village, Pallivasal, Idukki District-685565
Deputy Chief Engineer, Kerala State Electricity Board Limited, Electrical Circle Office, Thodupuzha, Idukki District-685581
Assistant Engineer Electrical Sub Division, Kerala State Electricity Board Ltd, Chithirapuram, Idukki District-685565

Legal Representation & Advocates

Counsels for Petitioners

• N.K. Karnis Latheesh Sebastian

Counsels for Respondents

• Sudheer Ganesh Kumar.R

Case Synopsis & Summary

Green Pepper Resorts Pvt. Ltd., a hotel operator at Chithirapuram near Munnar, challenged the denial of converting its LT electricity supply to HT. The petitioner had constructed a hotel on Re-Sy No. 229/1/2 in Pallivasal village after obtaining a building permit in 2014. The contention is that the building permit and construction are distinct from obtaining an HT electrical connection, and that a No Objection Certificate (NOC) from revenue authorities is not a mandatory precondition for conversion; the decision should hinge on compliance with the Electricity Supply Code. The petitioner relied on Exts. P12 and P13 judgments showing similarly situated parties were granted HT conversion despite lacking NOC. The respondents argued the building was constructed without NOC and thus the petitioner has no right to service connection or conversion; the land is cultivated land and construction is prohibited by law, a position supported by Haridas R. v. State of Kerala and Others (2016 (5) KHC 615). The Kerala State Electricity Board (KSEB) indicated willingness to grant conversion subject to Court orders and completion certificates, and compliance with the electricity supply code. The court held that the petitioner could be entitled to HT conversion if the statutory requirements are met and directed the authorities to process the application within a time-bound period, while denying any equities on the basis of the judgment. The petition was disposed of accordingly.

Provisions of Law Cited

Electricity Supply Code

Legal Doctrines & Maxims

Equity does not aid the violator of law
No inequity to one who acts in accordance with the law
Clean hands/No equity for illegal construction (implied)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that construction and LT-to-HT conversion are distinct issues; they seek conversion notwithstanding lack of an NOC, citing Exts.P12 and P13 judgments where similar conversions were granted despite absence of NOC. They contend the Board is willing to grant conversion subject to compliance with the Electricity Supply Code and completion certificate; revenue action remains possible if construction violates law, but should not defeat the relief sought here; the 30-day window to file a fresh application should be deemed sufficient; the court should avoid creating equities against the petitioner in view of precedent and the petition should not be dismissed solely for lack of an NOC.

Contentions of Respondents

The Government Pleader argued there is no right to electric connection or conversion without an NOC and that construction without NOC cannot be legalized. The counter affidavit notes the land is assigned for cultivation and thus construction is legally impermissible, a position supported by Haridas R. v. State of Kerala and Others. The KSEB indicates willingness to grant conversion only subject to Court orders and after regularizing the service connection by obtaining completion certificates and following the Electricity Supply Code. The respondents contend that the petition cannot override statutory and regulatory requirements and should be disposed of accordingly; they highlight potential regulatory action by Revenue authorities if illegal construction is established.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Haridas R. v. State of Kerala and Others	2016 (5) KHC 615	Positive	Cited as part of the controlling position that construction on land assigned for cultivation may be restricted; used to justify the revenue-law posture adopted by the Court.
W.P.(C) No.10832/2017	Hon'ble Court in W.P.C No.10832/2017 dated 12.12.2018	Positive	Ext P12/P13 judgments; prior High Court decisions granting HT conversion in similar circumstances without NOC.
W.P.(C) No.1801/2010	W.P.(C) No.1801/2010	Mentioned Only	Referenced as the Court’s orders establishing NOC-related prerequisites; not a direct basis for the current relief.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 30[TH] DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943** ## **WP(C) NO. 12267 OF 2021** ## **PETITIONER:** GREEN PEPPER RESORTS PVT. LTD. POWER HOUSE ROAD, CHITHIRAPURAM, MUNNAR, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR SRI NELSON VETHAMANICKAM. BY ADVS. N.K.KARNIS LATHEESH SEBASTIAN ## **RESPONDENTS:** 1 DISTRICT COLLECTOR COLLECTORATE, PAINAVU, IDUKKI-685502. 2 REVENUE DIVISIONAL OFFICER DEVIKULAM, IDUKKI DISTRICT-685613. 3 TAHSILDAR TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT-685613. 4 VILLAGE OFFICER PALLAVASAL VILLAGE, PALLAVASAL, IDUKKI DISTRICT-685565. 5 THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL CIRCLE OFFICE, THODUPUZHA, IDUKKI DISTRICT-685581. 6 THE ASSISTANT ENGINEER ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD LTD, CHITHIRAPURAM, IDUKKI DISTRICT-685565. BY ADVS. GOVERNMENT PLEADER SUDHEER GANESH KUMAR.R. W.P. (C) No.12267 of 2021 2 ## SRI.S.RENJITH-SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P. (C) No.12267 of 2021 3 ## **BECHU KURIAN THOMAS, J.** **---------------------------------------W.P. (C) No.12267 of 2021** **----------------------------------------** Dated this the 30[th] day of September, 2021 ## **JUDGMENT** Petitioner is a company conducting a hotel by name, 'Green Pepper Resorts' at Chithirapuram near Munnar. Petitioner claims that the hotel was constructed in 19.44 ares of property after obtaining a building permit in the year 2014. The construction having been carried out in Re-Sy No.229/1/2 of Pallivasal village, petitioner was bound to obtain a No Objection Certificate (NOC) as stipulated in the orders of this Court in W.P.(C) No. 1801/2010. It is submitted by the petitioner that even though petitioner's title deed is not subjected to any disability, and they started constructions after obtaining a building permit, when petitioner sought for conversion of the existing LT electric connection to an HT connection, the same is objected on the ground of absence of NOC for construction. According to the W.P. (C) No.12267 of 2021 4 petitioner, the construction of the building and conversion of the existing LT connection are two different aspects which have not bearing upon each other. Petitioner also relies upon Exts.P12 and P13 judgments, wherein, similarly placed persons were granted electric connection for conversion of their respective electric connections to HT connection, even though the buildings were constructed without obtaining the NOC. 2. Petitioner's application for conversion of the existing electric connection from LT to High Tension was rejected by Ext.P11 for the reason that the building was constructed without obtaining NOC from the revenue authorities. This writ petition assails the order rejecting petitioner's application for conversion. 3. The learned Government Pleader, Adv. S. Renjith, referring to the failure of the petitioner to obtain the NOC before commencing construction, submitted that, petitioner has no right to obtain electric connection or even conversion of existing electric connection for the building constructed W.P. (C) No.12267 of 2021 5 without NOC and that the very foundation of its claim is not legally sustainable. In the counter affidavit filed by the third respondent it is pointed out that the land in possession of the petitioner is assigned for cultivation and hence, no construction can be made in the property, which position is covered by the decisions of this Court including **2016 (5) KHC 615 Haridas R. v. State of Kerala and Others** . 4. By inviting my attention to the statement filed by the KSE Board, Adv. Sudheer Kumar Ganesh, senior Standing Counsel for Kerala State Electricity Board (KSEB) submitted that the Board is willing to grant conversion to HT connection subject to orders of this Court but however, petitioner has to regularize the service connection already granted by submitting a completion certificate and after observing the formalities prescribed under the electricity supply code 5. On a consideration of the contentions raised and the pleadings in this writ petition, I am of the view that the petitioner is entitled to have his electricity connection converted to an HT connection, provided he satisfies the W.P. (C) No.12267 of 2021 6 requirements under the electricity supply code. The aforesaid permission to convert to an HT connection is subject to the condition that petitioner will not claim any equities on the basis of the grant of electricity connection or the conversion as directed in this judgment. I am fortified in the view that I am taking on account of three aspects: _1. The learned Government Pleader fairly conceded on a query from this Court that till date, the Revenue Officials have not initiated any action against the construction carried out by the petitioner._ _2. The respondents have no case that construction is carried out on a land which does not belong to the petitioner, and_ _3. This Court had in similar instances granted permission as is evident from Ext.P12 and Ext. P13 judgments and there is no reason why petitioner should be treated differently from those involved in the said judgments._ 6. In the aforesaid circumstances, the fifth and sixth respondents can be directed to consider the application of the petitioner for conversion of electricity connection into HT W.P. (C) No.12267 of 2021 7 connection in a time bound manner. 7. The learned Standing Counsel for KSEB submitted that it is a specific objection of the KSEB that petitioner’s application for conversion of electric connection to HT connection has not been received by Board. Though petitioner is justified in controverting the said submission by reference to Ext.P14, I am of the view that this issue need not detain this Court from passing orders, since petitioner can file a fresh application for such conversion without delay at any rate within 30 days from the date of receipt of a copy of this judgment. 8. It is clarified that this judgment shall not stand as a hurdle for the Revenue Officials to initiate appropriate action in accordance with law if they are satisfied that the petitioner has constructed the building contrary to the provisions of law. Petitioner shall not be entitled to claim any equities on the ground of this judgment directing conversion of electric connection to HT connection. In view of the above, there will be a direction to W.P. (C) No.12267 of 2021 8 respondents 5 and 6 to consider the petitioner's application for conversion of electric connection into a HT connection and pass appropriate orders in a time bound manner or on receipt of a fresh application for fresh conversion as stipulated in this judgment without reference to the absence of NOC from the revenue authorities. This writ petition is disposed of. **Sd/-** **BECHU KURIAN THOMAS JUDGE** AJ/30.09.2021 W.P. (C) No.12267 of 2021 9 ## **APPENDIX OF WP(C) 12267/2021** PETITIONER EXHIBITS Exhibit P1 - TRUE COPY OF THE LAND TAX RECEIPT DATED 05.12.2019 ISSUED BY THE 4TH RESPONDENT. - Exhibit P2 TRUE COPY OF THE ORDER OF DISTRICT TOWN PLANNER, IDUKKI BEARIGN NO D/311/2013 DATED 27.11.2013. Exhibit P3 TRUE COPY OF THE BUILDING PERMIT DATED 01.08.2014. - Exhibit P4 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 22.11.2019 - Exhibit P5 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 07.01.2004. - Exhibit P6 TRUE COPY OF THE CONSENT OF ENVIRONMENTAL ENGINEER OF THE POLLUTION CONTROL BOARD 04.01.2020. - Exhibit P7 TRUE COPY OF THE SANITATION CERTIFICATE 27.02.2021. - Exhibit P8 TRUE COPY OF THE ;OCENSE ISSUED FROM THE PALLIVASAL GRAMA PANCHAYAT DATED 25.01.2020. - Exhibit P9 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 03.01.2018. - Exhibit P10 TRUE COPY OF THE ELECTRICITY BILL DATED 05.10.2020. - Exhibit P11 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 23.10.2017 BEARING NO.B2-5090/2017. Exhibit P12 TRUE COPY OF THE JUDGMENT OF THIS W.P. (C) No.12267 of 2021 **==> picture [14 x 8] intentionally omitted <==** HON'BLE COURT IN WPC NO.10832/2017 DATED 12.12.2018.