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Judgment
V. Chitambaresh, J.—All that the petitioner prays is that he may be given electricity connection for a small shop room of area 223 Sq. feet on the second floor of a four storied building. It is a conceded fact that 32 rooms in the same building have already been numbered and provided electricity connection 10 years ago. Ext. P5 application put in by the petitioner reflects that his request is for a connected load of 260 watts only. The Corporation of Thrissur who is the licensee contends that a connected load of 81.617 kVA has already been provided to the 32 shop rooms. No further electricity connection can be given to the building in question unless a separate transformer is installed. Reliance is placed on Regulation 8(1)(c) of the Kerala Electricity Supply Code, 2005 (''the Code'' for short) in this regard.
Regulation 8(1)(c) of the Code is as follows:-
Time frame for providing supply - (1) Supply where no extension of distributing main:
(a)...
(b)...
(c) The cost estimate for LT consumers shall include the cost of service line and terminal arrangements at the premises of the applicant but shall not include the cost of meter, if connected load is below 50 kVA. For loads of 50 kVA and above connection shall be effected only after installation of separate transformer on adequate capacity, the cost of which shall be recovered from the consumer. In such cases the consumer shall provide the space for erecting such transformer.
It is thus evident that it applies only to a fresh application for the consumers in the building in entirety after the Code has come into force.
The Code has come into effect long after the building was constructed. The petitioner is an assignee of a small room on the second floor of the building. The Corporation has no case that load exceeding 50 kVA (81.617-50 = 31.617 kVA) has been removed after the Regulation has come into force. A reading of Regulation 8(1) (c) would indicate that it can apply to new buildings constructed for which electricity supply is sought after the Code has come into effect.
It will be inequitable to direct a small shop room owner seeking 260 watts connected load to install a separate transformer expending Rs. 5 lakhs. Such an interpretation of Regulation 8 of the Code would lead to miscarriage of justice. The Corporation of Thrissur is therefore directed to give electricity supply to the petitioner on the basis of Ext. P5 application submitted. The Corporation is of course at liberty to insist for the installation of a transformer later after mulcting all the shop owners with the liability for the purpose. I say so because the technical feasibility is also an aspect to be considered if all the 40 shop rooms are to be electrified at a later stage.
The Writ Petition is disposed of.