P.L. Jacob vs The Secretary & Ors.

SOUMEN SEN, C.J.

Heard Mr. P.M. Abdul Latheef, learned counsel for the petitioner, Mr. B. Premod, learned Standing Counsel for the Kerala State Electricity Board Limited (“KSEBL”, for short), Ms. Sheejo Chacko, learned Standing Counsel for the Chalakkudy Municipality, Mr. Biju Meenattoor, learned Senior Government Pleader and Mr. Arjun Raghavan, learned Amicus Curiae.

The learned Amicus Curiae has submitted that the present Public Interest Litigation may not be maintainable because the petitioner did not make any prior representation to the concerned authorities seeking redress before filing the petition. In support of this contention, the learned Amicus Curiae has relied upon the decision of the Hon'ble Supreme Court in State of Jharkhand v. Shiv Shankar Sharma and Others^{11.2022 SCC Online SC 1541}.

Admittedly, no representation was made to the statutory authority alleging electricity theft by the concerned Municipality. However, it appears that counter affidavits have been filed by the KSEBL and the Municipality concerned. In its counter affidavit, the Municipality, apart from referring to several litigations filed by the petitioner, has contended that most of them were either not pursued or were dismissed. However, it is admitted that the Municipality has paid the regularization charges amounting to Rs.2,79,660/-. It is further admitted that a sum of Rs.10,75,216/- was remitted towards the estimated cost for providing separate street lights. It is further stated that Municipality is paying up-to-date street light bills and Rs.4,50,967/- is paid in the month of June 2025 towards street light bill. Further, an amount of Rs.4.27 lakhs and Rs.65,000/- is deposited in KSEBL for drawing street light line towards where street lights are not installed yet. Further, the Municipal council has resolved to deposit Rs.18,97,697/- for the purpose of street main extension at various wards of Chalakudy Municipality as per the administration sanction order passed by Executive Engineer, Electrical Division, Chalakudy. There is no allegation that any member of public has obtained any undue advantage by lighting the street lights. Petitioner himself says that regularization charges are remitted by Municipality.

The respondent KSEBL has filed a detailed affidavit setting out all particulars relating to the street lighting facilities, the bills raised, and the payments made by the Municipality. The said affidavit discloses compliance with all statutory requirements, including the payment of the estimated cost towards regularisation of unauthorised street lights and the extension of additional new street lights at various locations. There may have been one or two instances of excess drawal of electricity; however, the same were immediately regularised. The general public is the ultimate beneficiary of such street lighting facilities. It is further submitted that the KSEB officials are conducting regular inspections to prevent unauthorised installation of street lights and are issuing penal bills wherever such unauthorised installations are found out. There is no connivance of any sort between KSEBL officials and Chalakudy Municipality Authorities. The very fact that bills were raised towards the regularisation of one of the street lights itself demonstrates that KSEBL has taken all necessary statutory measures to recover and regularise the amounts payable by the Municipality for the aforesaid purpose.

The Public Interest Litigation is accordingly disposed of. We make it clear that the Municipality, before undertaking any street lighting works, shall obtain the necessary statutory permission from KSEBL and shall remit all requisite fees and charges for the installation and utilisation of street lights, subject to such permission being granted by KSEBL.

Exhibit R3(i) THE DETAILED STREET LIGHT BILL IN JULY 2025 ISSUED BY KSEB AND PAID IN JULY 2025 BY 3RD RESPONDENT

Exhibit R2 (a) The true copy of the short assessment bill dated 24-04-2023

Exhibit R2 (b) The true copy of the letter issued by the respondent Municipality on 31.05.2023

Exhibit R2 (c) The true copy of the Payment Receipt issued by the Board dated 01.03.2025

Exhibit R2 (d) The true copy of the request dated 10.12.2024 along with the typed copy of the letter.

Exhibit R2 (e) The true copy of the Administrative Sanction dated 18.12.2024 for Rs.1897697/- issued by Executive Engineer, Electrical Division Chalakudy

Exhibit R2 (f) The true copy of the letter No DB 026 /pps- street light /ESD_Chalakudy/ 2025-26/22 I Dated 17.05.2025 of Assistant Executive Engineer, Electrical Sub Division, Chalakudy