IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 18294 of 2008(C) ---------------------------------------------- PETITIONER: ------------------ CHARLY GEORGE, CHITTILAPPILLI VEEDU, PRIYADARSINI NAGAR, KUZHAKKUMPATTUKARA, THRISSUR. BY ADV. SRI.T.M.ABDUL LATHEEF SMT.MIJI JOHN RESPONDENTS: ----------------------- 1. TRICHUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, THRISSUR. 2. ASSISTANT SECRETARY, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, 3. THE GOVERNMENT SECRETARY, POWER (B) DEPARTMENT, THIRUVANANTHAPURAM. 4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. ADDL. R5. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, VIYYUR. (ADDL.R5 IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED 1.7.2008). R1 BY SHRI K. B. MOHANDAS, SC. R3 BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 & R5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 18294 OF 2008 C -------------------------------------- Dated this the 1st July, 2008 JUDGMENT Case of the petitioner, in brief, is as follows: Petitioner constructed a residential house in his property in Survey No.477/4 of Kizhakkumpattukara Desom. The said property was originally located in Vilvattom Panchayat, which is now included within the limits of the first respondent, Thrissur Municipal Corporation. In respect of the Corporation area, the Thrissur Corporation is the licensee under the Electricity Act. An application was filed before the respondent Corporation for getting electricity connection. The Assistant Secretary also made a request to the Electricity Board to give sanction for supplying electricity from the respondent Corporation line to the petitioner. It is the further case of the petitioner that though matters stood like this, the fourth respondent Commission issued Ext.P5 wherein it is stated that the area falls under the KSEB and the KSEB shall provide WPC. 18294/08 C 2 supply within the stipulated time as provided under the Kerala Electricity Supply Code, 2005. Petitioner challenges Ext.P5. Petitioner has also produced Ext.P6 Judgment of a learned Single Judge of this Court. 2. I heard the learned counsel appearing for the parties. There is no dispute that the area in which the petitioner has constructed the house falls within the geographical limits of the first respondent Corporation. The first respondent is a licensee and is authorised to supply electricity. KSEB is also a licensee. It would appear that there is no dispute that the area where the property of the petitioner is situated, falls within the jurisdiction of the KSEB as a licensee. Counsel for the Electricity Board submits that if the petitioner submits an application seeking electric connection, that will be processed and a decision taken in accordance with law. Counsel for petitioner points out that under the Electricity Code and under Section 43 of the Electricity Act read with the Code, electric connection shall be given within one month from the date of the application. WPC. 18294/08 C 3 Counsel for the Electricity Board submits that there is a proviso to Section 43 of the Act. Whatever that be, the position is that in view of the stand taken by the Electricity Board, if the petitioner submits an application for electricity connection to the Electricity Board, the matter has to be processed and a decision taken and connection granted in accordance with law. In such circumstances, the Writ Petition is disposed of as follows: The Assistant Engineer, Kerala State Electricity Board, Viyyur is suo motu impleaded as the additional fifth respondent and Shri P.P. Thajudeen, standing counsel appears for the additional fifth respondent. If the petitioner makes an application before the additional fifth respondent seeking connection, the fifth respondent shall process the same and grant connection, if the petitioner is entitled to, in accordance with law and in terms of Ext.P5. K. M. JOSEPH, JUDGE kbk.