Ravi P B vs District Collector Idukki

D. K. Singh, J

The present writ petition has been filed seeking the following reliefs:

“i) Issue a writ of Certiorari or any other writ or order setting aside Exhibit P2 order passed by the 3rd Respondent;

ii) Issue writ of mandamus or any other writ or order or direction to the respondents 2 and 3 for providing an increase in connected load and changing tariff to 4A in building bearing No: 33/C in ward no.6 of Bisonvalley Grama Panchayat, Idukki at the cost of the petitioner without insisting for NOC from the 1st respondent as expeditiously as possible within a time limit as fixed by this Hon'ble Court;

iii) Pass such other order or direction as this Hon'ble Court may deem fit to grant in the circumstances of the case;”

Learned Counsel for the petitioner submits that the issue involved in this writ petition is covered by the judgment passed by this Court in Ext.P3. The operative portion of Ext.P3 judgment reads as follows:

“5. In the afore perspective, I see no reason why the petitioner should be denied the benefit of an electric connection, since such grant will not, for any reason, incapacitate the Government Machinery from taking further action against the construction of the petitioner.

In the afore circumstances, I order this writ petition and direct the fifth respondent to consider the application of the petitioner for enhancement of the electric connection to an HT one and to complete the process on it as per law, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment.

I make it clear that even if an HT electric connection is granted to the petitioner, it will not impede the Revenue Authorities from initiating action against the construction, if it is necessary in law and further that the petitioner will not obtain any defence regarding the construction, merely because such a connection has been other words, the grant of HT connection will be subservient and subject to all further action to be taken by the Revenue Authorities against the building.

I clarify, more as a reiteration, that the petitioner will be entitled to continue with the business of running a resort in the building in question only after he obtains or has already obtained all necessary licences and consents, including from the Local Self Government Institution, Pollution Control Board and all such other relevant authorities.”

In view thereof, the present writ petition is also disposed of in terms of the said judgment.