SHALIF MOHAMMED NAHAS Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner is stated to be a tenant of the building owned by the 4th respondent and he says that he has applied for the conversion of the single phase connection in the premises to a three phase with a connected load of 10 KW; but that the Kerala State Electricity Board ['KSEB' for short] is refusing to accede to his request merely because 4 th respondent - landlord of the premises, is denying the no-objection certificate. He, therefore, prays that KSEB be directed to consider his application for grant of three phase connection without insisting for concurrence of the landlord adverting to the judgment of this Court dated 26.11.2015 in W.P.(C) No. 29229 of 2015.

(2.) Sri. T. S. Harikumar, the learned counsel appearing for the 4th respondent, submits that there are long standing disputes between his client and the petitioner and that the petitioner is a chronic defaulter in payment of electric consumption charges. He says that there are various litigations pending between them, including before this Court, and that since the petitioner is attempting to conduct his business without licence, the Corporation has, in fact, directed him to close it down. He, therefore, says that no purpose will be served in the KSEB considering his application.

(3.) The learned standing counsel for the KSEB, Sri.Arun Kumar, submits that the KSEB has yet not considered the petitioner's application, taking note of the disputes between him and the landlord. But he affirms that as the law now stands and as is declared by this Court, an NOC or concurrence of the landlord is not necessary for the grant of 3 phase connection. He, therefore, says that the KSEB will consider the application of the petitioner in terms of the law and grant him connection, provided all other parameters and requirements are in place.