M/s Biverah Hotel and Suites v. The Additional District Magistrate and Ors. / Ali Huq Najeeth v. Commissioner of Police and Ors.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 12[TH] DAY OF JULY 2022 / 21ST ASHADHA, 1944 WP(C) NO. 14176 OF 2022** ## **PETITIONER/S:** M/S BIVERAH HOTEL AND SUITES, AGED 63 YEARS KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM695011, REPRESENTED BY ITS PROPRIETOR, VENUGOPAL, AGED 63 YEARS, S/O K.N.KRISHNAN NAIR, RESIDING AT T.C.23/1776, TJRA 134A, KRISHNA THULASI, PALACE GARDENS, PIPPINMOODU, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695010. BY ADVS. K.SHAJ K.K.RAJEEV (PUNNAPURAM) C.IJLAL ARUN CHAND VINAYAK G MENON BHARAT VIJAY P. MAJID MUHAMMED K. ## **RESPONDENT/S:** 1 THE ADDITIONAL DISTRICT MAGISTRATE DISTRICT COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695043. 2 KERALA STATE ELECTRICITY BOARD LIMITED, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 605004, REPRESENTED BY ITS MANAGING DIRECTOR. 3 THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE (URBAN), K.S.E.B.L., POWER HOUSE BUILDING, THIRUVANANTHAPURAM-695036. 4 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, K.S.E.B.L., ELECTRICAL DIVISION, KAZKAKUTTOM, THIRUVANANTHAPURAM-695582. 5 THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, K.S.E.B.L., KESAVADASAPURAM, THIRUVANANTHAPURAM – 695004. ## **WP(C) NO. 14176 OF 2022 and conctd case.** ## **2** 6 THE ASSISTANT ENGINEER, ELECTRICAL SESSION, ULLOOR, THIRUVANANTHAPURAM, PINCODE - 695011. 7 ALI HAQ NAJEETH, NEZNA TOWER, SREEMOOLAM ROAD, KUMARAPURAM, THIRUVANANTHAPURAM-695011 8 E. MOHAMMAD SAFEER, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, ADDITIONAL DISTRICT MAGISTRATE, DISTRICT COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM695043 BY ADVS. ARUN MATHEW VADAKKAN Vadakkan I.ARIF MUHAMMAD(K/792/2007) ## **OTHER PRESENT:** SC KSEB, SRI. ROJI RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2022, ALONG WITH WP(C).13879/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 14176 OF 2022 and conctd case.** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **TUESDAY, THE 12[TH] DAY OF JULY 2022 / 21ST ASHADHA, 1944** **WP(C) NO. 13879 OF 2022** ## **PETITIONER/S:** ALI HUQ NAJEETH AGED 68 YEARS PANIKKAKUDY HOUSE, KURAKKANNI DESOM, VARKALA PO, THIRUVANANTHAPURAM DISTRICT, PIN 695141 OWNER OF NESNA TOWER, SREEMOOLAM, KUMARAPURAM, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM DISTRICT, 695011 REPRESENTED BY POWER OF ATTORNEY HOLDER, FIROZ A, AGED 64 YEARS, S/O ALI HUQ, NRA 21, NAVARANGAM LANE, PAZHAYA ROAD, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM DISTRICT, PIN - 695011 BY ADVS. ARUN MATHEW VADAKKAN I.ARIF MUHAMMAD ## **RESPONDENT/S:** |1|COMMISSIONER OF POLICE| |---|---| ||THIRUVANANTHAPURAM CITY, C.V.RAMAN PILLAI ROAD,| ||THYCAUD, THIRUVANANTHAPURAM DISTRICT, PIN - 695014| |2|CIRCLE INSPECTOR OF POLICE| ||MEDICAL COLLEGE POLICE STATION,| ||THIRUVANANTHAPURAM DISTRICT, PIN - 695011| |3|SUB INSPECTOR OF POLICE| ||MEDICAL COLLEGE POLICE STATION,| ||THIRUVANANTHAPURAM DISTRICT, PIN – 695011| ## **WP(C) NO. 14176 OF 2022 and conctd case.** ## **4** 4 VENUGOPAL AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, OWNER, BIVERAH HOTEL AND SUITS, PATTAM -KUMARAPURAM ROAD, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM DISTRICT, PIN - 695011 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2022, ALONG WITH WP(C).14176/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 14176 OF 2022 and conctd case.** **5** ## **JUDGMENT** This judgment of mine shall dispose of two writ petitions ie., W.P.(C) No.14176 of 2022 (hereinafter called first writ petition) titled as M/s Biverah Hotel and Suites v. The Additional District Magistrate and Ors. wherein order dated 6.4.2022 of the Additional District Magistrate, Thiruvananthapuram rejecting the objection of the petitioner for issuance of electric connection in favour of 7 th and 8th respondents and W.P.(C) No.13879 of 2022 (hereinafter called second writ petition) titled as Ali Huq Najeeth v. Commissioner of Police and Ors for implementation of the order dated 6.4.2022. 2. Petitioner in the first writ petition is a proprietor of a hotel and restaurant run under the name and style of Biverah Hotel and Suites, Kumarapuram, Thiruvananthapuram. On 23.7.2011, The Deputy Chief Engineer, Electrical Circle (Urban), KSEBL, Thiruvananthapuram sanctioned electric supply of HT (High Tension) of 155 kVA from the 11 KV Kumarapuram feeder. For the aforementioned purpose, petitioner had purchased and installed a Ring Main Unit (RMU). The aforementioned RMU was assembled in the premises of the petitioner for the purpose of medium-voltage power distribution. Petitioner had incurred the cost of the RMU of **WP(C) NO. 14176 OF 2022 and conctd case.** **6** Rs.14,92,300/- as per the provisions of Regulation 7 of the Kerala Electricity Supply Code, 2005 which included the work cost, supervisory charges and also for purchasing RMU. 3. On 29.9.2011 vide Ext.P2, an agreement was executed between the petitioner and the 3[rd] respondent for supply of HT energy. Since the installation was outdoor, the petitioner provided for a fenced enclosure with lock and key. The officers of the electricity board ie., of respondent Nos.2 and 3 approached the petitioner and sought consent for giving HT electric connection to the respondent No.7 which was objected by the petitioner. Respondents unloaded a RMU in the premises and attempted to install the Add-on RMU. 4. The apartment building of the 7[th] respondent is a power intensive unit and as per Regulation 12 of 2014 Code, the service connection can be granted only through a dedicated feeder and the 7[th] respondent has to meet the expenditure for construction of the feeder. Regulation 54 of the Kerala State Electricity Supply Code, 2014 mandates that the 7[th] respondent shall provide free of charge, the space of requisite dimensions at convenient location. Petitioner raised the objection before the ADM against the installation of Add-on Ring Main Unit installed in the property of the petitioner for giving HT ## **WP(C) NO. 14176 OF 2022 and conctd case.** ## **7** power supply to 7[th] respondent, Ext.P5. As per the sanction dated 6.3.2020, it surfaced that the 178.1kW has been ordered to be installed in the premises and estimated cost of the work would be Rs.18,62,203/-. ADM has erroneously dismissed the objections of the petitioner by relying the request of the 7[th] respondent on the basis of the report submitted by the electricity department. But the fact remains the respondent No.1 did not exercise the power properly; neither conducted any site possession nor any communication was sent to the petitioner for any documents for evidence to be lead. There was no feasibility of obtaining a requisite connection from the RMU installed by the KSEB near Kumarapuram, U.P.S at a public place which is about 30 meters from the property of the petitioner. On 12.4.2022 and 13.4.2022, the petitioner was summoned by the Station House Officer, Medical College, Police Station and informed that the officials of KSEBL had sought the police protection for installation of Add-on RMU, thus, prays for quashing the aforementioned order, and by remanding the matter to the ADM to hear the objection afresh. 5. Respondent Nos. 2 to 6 filed a counter affidavit and countered the argument of counsel representing the petitioner that the 7[th] respondent had submitted an application dated 18.5.2020 for supply **WP(C) NO. 14176 OF 2022 and conctd case.** ## **8** of the power of 250 KVA. The power requirement could not be met through the LT distribution network whereas 11KV network was required to be extended to the premises for meeting his requirement. After a thorough investigation and evaluation, it was observed that the best route for tapping power was from the 11KV Kumarapuram feeder through the RMU installed in the premises of the petitioner hotel which is at a distance of 170 m from the 7[th] respondent's apartment. 6. In order to realize the power requirement of the 7[th] respondent, an Add-on CTC RMU is to be added to the existing CTC RMU at the premises of the petitioner hotel and thereafter 115 of 11 KV under ground cable is to be drawn from the RMU to the entrance of the 7[th] respondent's apartment. The under ground (UG) cable is to be extended up to a distance of 55 m up to the transformer to be installed by the 7[th] respondent. The agreement entered into between the electricity board and the petitioner was for the purpose of laying of the HT UG cable of 15m for effecting the service connection in the premises of the petitioner hotel. As per clause 16 of the agreement Ext.R2(a), the area required for the erection of the RMU was surrendered to the respondent board at free of cost and once the area of the RMU has been surrendered to the respondent board, the **WP(C) NO. 14176 OF 2022 and conctd case.** ## **9** petitioner cannot raise the objection at this juncture for installing an Add-on CTC to the RMU. Regulation 24(2) of the Kerala Electricity Supply Code 2014 empowers the licensee to use the service line and other equipment of the consumer, if the supply to the consumer who has paid for such line and apparatus is not affected adversely. 7. I have heard the learned counsel for the parties and appraised the paper book. It would be expedient to extract Regulation 24(2) of the Kerala Electricity Supply Code 2014. _'the licensee may use the service line and other equipment of the consumer, if the supply to the consumer who has paid for such line and apparatus is not affected adversely.'_ From the perusal of the same, it is evident that the licensee is empowered to use the service line from the equipment of the consumer. Agreement dated 23.3.2011, R2(a) entered into between the petitioner and the KSEBL empowered the electricity board to use the service line to provide a electric connection to the premises of the 7[th] respondent which is located on the same road and a distance of 170 m. No harm has been caused to the premises of the petitioner or to the existing RMU as the existing RMU will be added on with another RMU. Respondent Board has proposed the under ground cable system with RMU as switching devices by replacing all 11 KV overhead lines **WP(C) NO. 14176 OF 2022 and conctd case.** ## **10** and structure in the city area and for providing the connection to the apartment of the 7[th] respondent. It is necessary for the electricity board to tap the HT supply to the existing RMU as the electricity board did not find it feasible to cut the main 11 KV under ground cable. Once the petitioner had as per clause 16 of the agreement surrendered to the electricity board, free of cost the area for installation of the RMU, cannot permitted to raise the objection for providing electric connection in view of the provisions of Regulation 24(2). The order of the ADM which in my view has been passed on consideration of the contentions of the rival parties including that of the petitioner, noticing that the existing RMU in the public pathway was causing hindrance to the pedestrians and therefore it was necessary for shifting the RMU to a more suitable place. Since the existing RMU is available at a distance of 17 m from the apartment of the consumer the cutting of the main feeder can be easily avoided. The agreement do not empower the petitioner to urge and state that the RMU unit installed in the property is solely for their own purpose as they incurred the cost. Petitioner has attempted to interdict the compliance and execution of the order of the ADM despite having been called by the police. It is in that background the beneficiary has filed the writ ## **WP(C) NO. 14176 OF 2022 and conctd case.** **11** petition for providing police assistance. I am of the view that the request of the 7[th] respondent, who is the petitioner in the W.P.(C) No.13879 of 2022 is most fair and justified. For the reasons aforementioned, the order of the ADM do not suffer from any illegality or fallacy much less repugnancy, the same is upheld. WP.(C) No.14176 of 2022 is accordingly dismissed. W.P.(C) No.13879 of 2022 is allowed by issuing directions to the police for providing assistance to the officials of the KSEB for tapping the existing RMU by through the Add-on RMU installed in the premises of the petitioner for providing electric connection to the premises of the 7[th] respondent, forthwith. Sd/- sab **AMIT RAWAL** **JUDGE** ## **WP(C) NO. 14176 OF 2022 and conctd case.** ## **12** ## **APPENDIX OF WP(C) 13879/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SAID ORDER DATED 06.04.2022 BY THE ADDITIONAL DISTRICT MAGISTRATE & DEPUTY COLLECTOR (GENERAL) Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 09.04.2022 BY THE PETITIONER - Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED FROM THE MEDICAL COLLEGE POLICE STATION DATED 09.04.2022 EVIDENCING THE ACCEPTANCE OF EXT.P2 Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 09.04.2022 BY THE PETITIONER Ext P2(a) English translation of Exhibit P2 Exhibit P5 TRUE COPY OF THE E-MAIL DATED 10.04.2022 Ext P3(a) English translation of Exhibit P3 Ext P4(a) English translation of Exhibit P4 ## **WP(C) NO. 14176 OF 2022 and conctd case.** ## **13** ## **APPENDIX OF WP(C) 14176/2022** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|THE TRUE COPY OF THE SANCTION LETTER DATED| ||23/07/2011 VIDE NO. DB2/BIVERAH/ULLR/11-| ||12/118 23-24 ISSUED BY THE 3RD RESPONDENT TO| ||THE PETITIONER.| |Exhibit P2|THE TRUE COPY OF THE AGREEMENT DATED| ||29/09/2011 FOR THE SUPPLY OF HIGH TENSION| ||(HT) ENERGY EXECUTED BETWEEN THE PETITIONER| ||AND THE 3RD RESPONDENT.| |Exhibit P3|THE TRUE COPY OF THE REPRESENTATION NO.| ||BHS/026/2020-21 DATED 10/11/2020 SUBMITTED| ||BY THE GENERAL MANAGER OF THE PETITIONER TO| ||THE 3RD RESPONDENT.| |Exhibit P4|THE TRUE COPY OF THE WRITTEN OBJECTION DATED| ||05/01/2021 VIDE NO. BHS/039/2020-21| ||SUBMITTED BY THE GENERAL MANAGER OF THE| ||PETITIONER BEFORE THE 3RD RESPONDENT.| |Exhibit P5|THE TRUE COPY OF THE PETITION SUBMITTED BY| ||THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT| ||UNDER SECTION 16(1) OF THE INDIAN TELEGRAPH| ||ACT, 1885 READ WITH SECTION 164 OF THE| ||ELECTRICITY ACT, 2003.| |Exhibit P6|THE TRUE COPY OF LETTER NO. DB/ULR/NEZNS| ||(REVISED)/2019-20 DATED 06/03/2020 ISSUED BY| ||THE 4TH RESPONDENT TO THE 7TH RESPONDENT.| |Exhibit P7|THE TRUE COPY OF STATEMENT OF OBJECTION| ||DATED 22/09/2021 SUBMITTED BY THE PETITIONER| ||BEFORE THE 1ST RESPONDENT.| |Exhibit P8|THE TRUE COPY OF COMPLAINT DATED 09/04/2022| ||SUBMITTED BY THE PETITIONER BEFORE THE| ||STATION HOUSE OFFICER, MEDICAL COLLEGE| ||POLICE STATION, THIRUVANANTHAPURAM.| **WP(C) NO. 14176 OF 2022 and conctd case.** ## **14** Exhibit P9 THE TRUE COPY OF ACKNOWLEDGMENT DATED 06/04/2022 ISSUED BY SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM TO THE PETITIONER. Exhibit P10 THE TRUE COPY OF ORDER DATED 6.4.2022 PASSED BY THE 1ST RESPONDENT WHICH WAS SERVED UPON THE PETITIONER ON 11.4.2022. Exhibit P11 THE TRUE COPY OF G.O.(P) NO.5/2020 DATED 24.8.2020 ISSUED BY THE GOVERNMENT OF KERALA. ## RESPONDENT'S EXHIBITS: Ext.R2(a): THE TRUE COPY OF THE AGREEMENT FOR LAYING OF H.T UG CABLE BETWEEN THE PETITIONER HOTEL AND THE ASSISTANT EXECUTIVE ENGINEER, KSEB LTD. KESAVADASAPURAM DATED 23.3.2011