K.N. Balaraman v. Corporation Of Thrissur

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 21534 of 2015 (N) ---------------------------- PETITIONER(S):

---------------- K.N. BALARAMAN, AGED 58 YEARS S/O.LATE K.NARAYANA MARAR PROPRIETOR, KRISHNA HOMES REGISTERED OFFICE, SREENILAYAM APARTMENTS MANNATH LANE, THRISSUR.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S):

------------------- 1.

CORPORATION OF THRISSUR REPRESENTED BY ITS SECRETARY CORPORATION OFFICE, THRISSUR PIN - 680 001.

2.

ASSISTANT ENGINEER, ELECTRICAL SECTION III, ELECTRICITY DEPARTMENT THRISSUR CORPORATION, THRISSUR PIN - 680 001. 3.

ELECTRICAL ENGINEER, DEPARTMENT OF ELECTRICITY THRISSUR CORPORATION, THRISSUR, PIN - 680 001. 4.

ELECTRICAL INSPECTOR, ELECTRICAL INSPECTORATE, KURUPPAM ROAD THRISSUR - 1.

R BY SRI.K.P.VIJAYAN,SC,THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.21534 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE BUILDING PERMIT DATED 23.12.2010 ISSUED BY THE CORPORATION.

EXHIBIT P2 :

TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 22.2.2014 FOR THE GROUND FLOOR OF THE BUILDING. EXHIBIT P3 :

TRUE COPY OF THE NOTICE OF PROPERTY TAX ASSESSMENT DATED 24.2.2014.

EXHIBIT P3(a) :

TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF THE PROPERTY TAX DATED 24.2.2014 EXHIBIT P4 :

TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE THRISSUR CORPORATION, SL.NO.1381. EXHIBIT P5 :

TRUE COPY OF THE ORDER OF THE ELECTRICAL INSPECTOR DATED 11.8.2014 EXHIBIT P6 :

TRUE COPY OF THE LETTER DATED 20.1.2015 OF SECOND RESPONDENT.

EXHIBIT P7 :

TRUE COPY OF LETTER DATED 23.3.2015 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P8 :

TRUE COPY OF OFFICE NOTICE PREPARED ON 21.3.2015 BY SUB INSPECTOR.

EXHIBIT P9 :

TRUE COPY OF LETTER DATED 19.6.2015 WITH FINAL ASSESSMENT UNDER SECTION 126(6) OF ELECTRICITY ACT. EXHIBIT P10 :

TRUE COPY OF THE APPEAL FILED AGAINST EXT.P9 ORDER BEFORE THE APPELLATE AUTHORITY UNDER SECTION 127 OF THE ELECTRICITY ACT DATED 6.6.2015.

EXHIBIT P11 :

TRUE COPY OF LETTER DATED 12.7.2015 ISSUED BY THE SECOND RESPONDENT.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.21534 of 2015 --------------------- Dated this the 16th day of July, 2015

J U D G M E N T

Ext.P4 application for electricity connection has been sanctioned by Ext.P5 order of the Electrical Inspector. The petitioner laments that the first respondent Corporation has not hitherto processed Ext.P4 application. The first respondent Corporation points out that all the conditions in Ext.P5 sanction order are yet to be complied with by the petitioner. Be that as it may, the first respondent shall put the petitioner on notice as regards the steps remaining to be taken. Final orders on Ext.P4 application shall be passed by the first respondent Corporation within a period of two months.

2. The second respondent has in the meanwhile issued Ext.P9 bill in terms of Section 126 of the Electricity Act. The petitioner has challenged the same in Ext.P10 appeal after making the statutory deposit in terms of Section 127 of the Electricity Act, 2003. The petitioner seeks early consideration of Ext.P10 appeal in the circumstances.

3. I direct the appellate authority to

W.P(C) No.21534 of 2015 dispose of Ext.P10 appeal with notice to the petitioner within a period of two months. Ext.P11 disconnection notice shall not be implemented till final orders are passed on Ext.P4 application and Ext.P10 appeal. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.