Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Smt.Kamala

High Court Of Kerala|16 June, 2014
|

JUDGMENT / ORDER

Challenge is against Ext.P5 letter issued by the respondent, refusing electric connection to the residential building of the petitioner, stating the reason that NOC from KSEB is required. In Ext.P5 the petitioner was also required to submit original Ownership Certificate from the Panchayat with respect to the building in question. 2. According to the petitioner, the electric connection was applied on producing Ext.P3 Residential Certificate issued from the Panchayat concerned. It is also pointed out that the Government have issued Ext.P6 order clarifying that no objection from the revenue authorities need not be insisted for providing electric connection within the limits of KDH village. Therefore the insistence for production of NOC from KSEB is not justified. Ext.P8 judgment of this court is pointed out. It indicates that, under similar circumstances direction was issued to consider the application for electric connection W.P.(C). No. 9135 of 2014 -2-
on the basis of Residential Certificate issued by the Panchayat and to provide electric connection if the applicant complies with all requisite formalities.
3. Despite service of notice from this court the respondent has not chosen to enter appearance or to contest the case. If the petitioner produces the original Residential Certificate obtained from the Grama Panchayat, insistence for production of NOC either from KSEB or from the revenue authorities, cannot be sustained. Providing electric connection in any building will not confer title with respect the property, if the title remains defective in any manner. Considering the factual position and the directions already issued in similar cases, this court is of the opinion that the respondent can be issued with a direction to provide electric connection on the basis of the Residential Certificate.
4. Under the above mentioned circumstances, this writ petition is disposed of by directing the respondent to consider the application for electric connection submitted by the petitioner on the basis of the Residential Certificate W.P.(C). No. 9135 of 2014 -3-
and to provide the connection without insisting for production of NOC, either from the Revenue authorities or from the KSEB.
5. The electric connection shall be provided at the earliest possible, subject to the petitioner fulfilling all other requisite formalities, at any rate within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
C.K. ABDUL REHIM, JUDGE /true copy/ P. A. to Judge Pn
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Smt.Kamala

Court

High Court Of Kerala

JudgmentDate
16 June, 2014
Judges
  • C K Abdul Rehim
Advocates
  • Smt Ligey Antony