High Court of KeralaSingle Judge2021-11-03Writ petition disposed of with directions; Cont...

Thomas Jacob v. State of Kerala & Others (W.P.(C) No. 28550 of 2020)

Case / Petition Number:WP(C) No. 28550 of 2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2021-11-03
Court Decision / Holding: The court disposed of WP(C) 28550/2020 with directions: (i) the additional 4th respondent (Railways) shall consider the application ID: SR-TVC-2021-09 dated 11.02.2021 and pass appropriate orders within ten days; (ii) based on that decision, the respondents 2 and 3 shall take steps to provide the service connection forthwith, within two weeks from the date of receipt of Railway’s decision; (iii) if the 4th respondent raises objections, the 2nd and 3rd respondents shall consider the alternative route suggested by the petitioner and provide service within three weeks thereafter; (iv) the petition and Ext.R3(a) be produced before the 4th respondent by the petitioner; (v) the Contempt of Court case is closed. The writ petition is disposed with these directions; the Contempt petition is closed.
Final Disposition: Writ petition disposed of with directions; Contempt of Court case closed.

Parties to the Case

Appellants / Petitioners

Thomas Jacob, aged 64 years, s/o C.T. Thomas, Charivukalayii City Veedu, Near YMCA, Thiruvalla, Pathanamthitta District, PIN 689101

Respondents

State of Kerala represented by Secretary to Government, Department of Power, Secretariat, Thiruvananthapuram, PIN - 695001
Executive Engineer KSEB Electrical Division, Mini Vydyuthi Bhavan, Thiruvalla, PIN - 689101
Assistant Engineer Electrical Section, KSEB, Mini Vydyuthi Bhavan, Thiruvalla, PIN - 689101
Mr. Shaji R, Executive Engineer, KSEB Electrical Division, Mini Vydyuthi Bhavan, Thiruvalla, PIN - 689101
Nisha Mol Antony, Assistant Engineer, Electrical Section, KSEB, Mini Vydyuthi Bhavan, Thiruvalla, PIN - 689101

Legal Representation & Advocates

Counsels for Petitioners

• K. Shibili Naha
• Smt. A. Lowsy
• A. Arunkumar

Counsels for Respondents

• A. Arunkumar

Case Synopsis & Summary

Thomas Jacob, a 64-year-old senior citizen, seeks a mandamus directing the State of Kerala and the Kerala State Electricity Board (KSEB) to grant LT-Normal service connection to his residential building under construction, pursuant to Ext.P2 permit. He applied for a connection on 21 January 2020, but received no response. He relies on Section 43(1) of the Electricity Act and the court’s earlier interim order directing temporary connection to facilitate construction, which reportedly was not complied with. The petition mentions that a temporary connection was contemplated, and a contempt petition was filed when there was non-compliance. The petitioner contends that the delay contravenes statutory obligations and harms a senior citizen seeking essential infrastructure. During proceedings, it emerges that the petitioner’s property lies adjacent to railway land, and the KSEB’s ability to provide the connection hinges on sanction from the railway authorities. The court eventually impounds the matter as a Contempt petition and, after considering submissions, directs the Additional 4th respondent (Railways) to decide on a railway-related application (ID: SR-TVC-2021-09 dated 11.02.2021) within ten days. Thereafter, based on that decision, the KSEB is to proceed with the service connection within two weeks, with a three-week contingency for any further objections, and the contempt petition is closed while the writ petition is disposed with these directions.

Provisions of Law Cited

Section 43(1) of the Electricity Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that LT-Normal service connection must be provided within one month of the request as mandated by Section 43(1) of the Electricity Act. He states that he applied for a service connection on 21 January 2020 for a residential building on joint ownership with his wife, and that no response was received. He points to the interim direction to provide a temporary connection to facilitate construction and relies on the decision in Raveendranathan K.N. v. Kerala State Electricity Board (2021(2) KHC 455) to support prompt action. He asserts the KSEB is ready to supply the connection immediately after Railway clearance and seeks to compel compliance with the statutory obligation, including Ext.P3 and Ext.P4. The framing of the Contempt action and the ultimate directions reflect the petitioner’s aim to secure timely service connection and to quash delays affecting a senior citizen.

Contentions of Respondents

The respondents contend that the railway’s sanction is indispensable because the petitioner’s property adjoins railway land. They state that the KSEB has already submitted an application to the 4th respondent for sanction to draw power via a post near the Thiruvalla Railway Station Road, but that the railway has not provided clearance. They argue that the interim order requires railway approval and that, in its absence, the connection cannot be granted. They request the court to await the railway authority’s decision and emphasize that the 4th respondent’s position is pending; thus, the court should direct the 4th respondent to decide on the application ID: SR-TVC-2021-09 dated 11.02.2021, after which the KSEB can act to connect the petitioner’s service, subject to any objections or alternative routes suggested by the petitioner.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Raveendranathan K.N. & another v. Kerala State Electricity Board and others	2021(2) KHC 455	Mentioned Only	Cited by counsel in support of the petition; the judgment itself does not indicate that the court adopted, distinguished, or overruled that decision.

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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 P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 3[RD] DAY OF NOVEMBER 2021 / 12TH KARTHIKA,** **1943** ## **WP(C) NO. 28550 OF 2020** ## **PETITIONER/S:** **THOMAS JACOB, AGED 64 YEARS S/O.C.T.THOMAS, CHARIVUKALAYI CITY VEEDU, NEAR YMCS, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 101.** **BY ADVS. K.SHIBILI NAHA SMT.A.LOWSY** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.** - **2 EXECUTIVE ENGINEER KSEB ELECTRICAL DIVISION, MINI VYDYUTHI BHAVAN, THIRUVALLA, PIN - 689 101.** - **3 ASSISTANT ENGINEER ELECTRICAL SECTION, KSEB, MINI VYDYUTHI BHAVAN, THIRUVALLA, PIN - 689 101.** **BY ADV SRI.A.ARUNKUMAR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, ALONG WITH Con.Case(C). 1597/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -2W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 3[RD] DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943** **CON.CASE(C) NO. 1597 OF 2021** **AGAINST THE ORDER/JUDGMENT IN WP(C) 28550/2020 OF HIGH COURT OF KERALA, ERNAKULAM** ## **PETITIONER/S:** **THOMAS JACOB, AGED 64 YEARS S/O. C.T.THOMAS, CHARIVUKALAYI CITY VEEDU, NEAR YMCA, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN689101.** **BY ADV K.SHIBILI NAHA** ## **RESPONDENT/S:** - **1 MR.SHAJI .R, AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, KSEB ELECTRICAL DIVISION, MINI VYDYUTHI BHAVAN, THIRUVALLA, PIN-689101.** **2 NISHA MOL ANTONY, , AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, MINI VYDYUTHI BHAVAN, THIRUVALLA, PIN-689101.** ## **BY ADV A.ARUNKUMAR** ## **OTHER PRESENT:** **SMT.RASHMI.K.M, SR.GP, SRI.DINESH RAO,SC FOR RAILWAYS** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, ALONG WITH WP(C).28550/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 ## **P.V.KUNHIKRISHNAN, J.** ============================================================== W.P.(C) No.28550 of 2020 & Cont. Case (C) No.1597 of 2021 =================================================================================== Dated this the 3[rd] day of November, 2021 ## JUDGMENT The above writ petition is filed with following prayers: - i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 & 3 to act upon Ext.P3 and provide a service connection LT -Normal to the petitioner's residential building under construction forthwith. - ii) Issue any writ order or direction commanding the 3[rd] respondent to consider Ext.P4 sketch and facilitate the drawing of line and provide service connection to the petitioner. - iii) Such other reliefs sought for from time to time which this Hon'ble Courts deem fit to grant in the facts and circumstances of this case, including costs of these proceedings.” -4- W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 2. The petitioner is a senior citizen. He want to construct a residential building based on Ext.P2 permit in the joint property belongs to him and his wife. The construction of the building is already over. The petitioner applied for electricity service connection LT-Normal as early as on 21.01.2020. There was no response till date. In such circumstances, the writ petition is filed. 3. When this writ petition came up for consideration on 23.04.2021, this Court passed the following order: “R2 and R3 will take necessary steps to provide temporary electric connection to facilitate construction of the petitioner's residential building covered by Ext.P2 building permit, provisionally forthwith, subject to the result of the writ petition.” 4. It is the case of the petitioner that the above order is not complied with, and hence Contempt Case (C) 1597 of 2021 is filed. -5- W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 5. In the writ petition, an application is filed by respondents 2 and 3 to vacate the interim order. The main reason mentioned in the application is that the property of the petitioner is situated on the side of the railway property and the Electricity Board already submitted an application to the additional 4[th] respondent for getting sanction to give electric connection from the electric post situated in Thiruvalla railway station road. It is submitted by the learned Standing Counsel for the Electricity Board that there is no response from the railway and hence, the Electricity Board was not able to comply the interim order. 6. The learned counsel for the petitioner also submitted that as per Section 43(1) of the Electricity Act, service connections to be given within one month of such request. The counsel also relied on the judgment of this Court in Raveendranathan K.N. & another v. Kerala State Electricity -6W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 ## Board and others (2021(2) KHC 455). 7. When this writ petition came up for consideration, this Court impleaded the railway authority as the additional 4[th] respondent. The admitted case is that the KSEB is ready to give connection immediately after getting approval from the railway authority, for which they already submitted a request on 11.02.2021 which is referred in Ext.R3(a). I think in the facts and circumstances of the case, there can be a direction to the additional 4[th] respondent to pass orders in the application ID:SR-TVC-2021-09 dated 11.02.2021 mentioned in Ext.R3(a) within a time frame and thereafter based on that decision the Electricity Board can take appropriate steps to give electricity connection to the petitioner. If any objection is raised on the part of the railway, the Electricity Board will consider the alternative route suggested by the petitioner also. Therefore, the writ petition is disposed of in the following -7- W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 ## manner: 1. The additional 4[th] respondent is directed to consider the application ID: SR-TVC-2021-09 dated 11.02.2021 referred in Ext.R3(a) and pass appropriate orders in it, as expeditiously as possible, at any rate, within ten days from the date of receipt of a copy of this judgment. 2. Based on the decision by the additional 4[th] respondent, respondents 2 and 3 will take appropriate steps to give service connection to the petitioner forthwith, at any rate, within two weeks from the date on which orders are received from the additional 4[th] respondent. 3. If there is any further objection from the additional 4[th] respondent, the 2[nd] and 3[rd] respondents will consider the alternative route suggested by the petitioner and give service connection to the petitioner, within three weeks thereafter. 4. The learned counsel for the petitioner will produce a copy of the writ petition and a copy of Ext.R3(a) together with a copy of this -8- W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 judgment before the additional 4[th] respondent for compliance. In the light of the directions given in the writ petition, the Contempt of Court case is closed. Sd/- P.V.KUNHIKRISHNAN JUDGE das -9- W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 ## **APPENDIX OF WP(C) 28550/2020** **PETITIONER EXHIBITS** **EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE CONCERNED AND TYPED LEGIBLE COPY OF EXT.P1.** **EXHIBIT P2 TRUE COPY OF THE REVISED BUILDING PERMIT ISSUED ON 16/1/2020 AND TYPED LEGIBLE COPY OF EXT.P2.** **EXHIBIT P3 TRUE COPY OF THE DETAILS OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 21/1/2020.** **EXHIBIT P4 TRUE COPY OF THE LOCATION SKETCH ALONG WITH THE SITE PLAN.** **EXHIBIT P5 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DIVISIONAL ENGINEER, (NORTH) THIRUVANANTHAPURAM DATED 24.01.2019** -10- W.P.(C). No. 28550/2020 & Cont. Case (C) of 1597/2021 ## **APPENDIX OF CON.CASE(C) 1597/2021** ## **PETITIONER ANNEXURE** **Annexure I TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.28550/2020 DATED 23.4.2021.** **Annexure II** **TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT HEREIN DATED 28.4.2021.** **Annexure III** - **TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 2ND RESPONDENT HEREIN ALONG WITH A COPY OF ANNEXURE I ON 28.4.2021.** **Annexure IV TRUE COPY OF THE COMMUNICATION DATED 5.5.2021 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT.** - **Annexure V TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER BY THE SUPERINTENDENT THIRUVALLA MUNICIPALITY 16.6.2021.** - **Annexure VI TRUE COPY OF THE COMMUNICATION DATED 9.7.2021 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT.** **Annexure VII** **TRUE COPY OF THE ACKNOWLEDGMENT EVIDENCING THE PETITIONER SUBMITTED AN APPLICATION FOR A NEW SERVICE CONNECTION ON 26.7.2021.**