Kerala High Court
Andrews vs Kerala State Electricity Board Ltd on 2 December, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:90466
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 2ND DAY OF DECEMBER 2024 / 11TH AGRAHAYANA, 1946
WP(C) NO. 42275 OF 2024
PETITIONER:
ANDREWS,
AGED 67 YEARS,
S/O. MOOKKAN RAPPAI, MOOKKAN HOUSE, THAIKKATTUSSERI,
OLLUR P.O., EDAKKUNNI VILLAGE, THRISSUR DISTRICT,
PIN - 680306
.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
RAJITH DAVIS
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004.
2 DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE,
THRISSUR, PIN - 680001.
3 EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL
DIVISION, THRISSUR (EAST), PIN - 680005.
WP(C) NO. 42275 OF 2024
2
2024:KER:90466
4 ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SUB
DIVISION, OLLUR, THRISSUR DISTRICT, PIN - 680306.
5 ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL
SECTION, OLLUR, THRISSUR DISTRICT, PIN - 680306.
6 SECRETARY,
AVINISSEREY SERVICE CO-OPERATIVE BANK LTD. NO.400,
AVINISSERY, THRISSUR DISTRICT, PIN - 680306.
7 ADDITIONAL DISTRICT MAGISTRATE,
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003.
ADV. NIRMAL S FOR KSEB,
ADV. S. GOPINATHAN, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.12.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 42275 OF 2024
3
2024:KER:90466
JUDGMENT
The petitioner is stated to be running an industrial unit engaged in the manufacturing of packing cases. It is stated that the electric supply to the premises of the petitioner is from a transformer, now installed in front of the property occupied by the 6 th respondent. The petitioner apprehends that on the application of the 6 th respondent, the officials of the Kerala Electricity Board are planning to shift the transformer, which according to the petitioner will cause extreme prejudice to the petitioner.
2. The learned counsel appearing for the petitioner submits that the 6th respondent is not the owner of the property in front of which the transformer is placed and going by the law laid by this Court in Moidu v. District Magistrate; 1998 KHC 83, only an owner can maintain an application for shifting a transformer situated in front of his property.
3. The learned Government Pleader appearing for the 7th respondent would submit that the matter has to be considered by the 7th respondent under the provisions of the Indian Telegraph Act and since Ext.P1 has already been filed before the 7 th respondent, the writ petition itself can be disposed of directing the 7 th respondent to consider WP(C) NO. 42275 OF 2024 4 2024:KER:90466 the matter in accordance with the law, after affording an opportunity of hearing to the petitioner, to the Kerala State Electricity Board, to the 6 th respondent and to any other affected parties.
4. Having heard the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the 7 th respondent and the learned Standing Counsel appearing for the Kerala State Electricity Board, I am of the opinion that this writ petition can be disposed of without issuing notice to the 6 th respondent as no order to the prejudice of the 6th respondent is being issued by this Court. The learned Government Pleader is right in contending that the matter has to be considered by the 7th respondent under the provisions of the Indian Telegraph Act.
Accordingly this writ petition will stand disposed of directing the 7th respondent to consider and pass orders on Ext.P1, in accordance with the law and after affording an opportunity of hearing to the petitioner, to the official concerned of the Kerala State Electricity Board and also the 7th respondent and to any other affected parties. I make it clear that I have not expressed any opinion on the merits of the matter and it will be open the 7th respondent to pass orders, in accordance with the law after hearing parties as directed above. The 7 th respondent shall WP(C) NO. 42275 OF 2024 5 2024:KER:90466 endeavour to pass orders on Ext.P1, as directed above, within a period of two months from the date of receipt of a certified copy of this judgment. Till such time as orders are passed on Ext.P1, status quo as on today shall be maintained.
Sd/-
GOPINATH P. JUDGE DK WP(C) NO. 42275 OF 2024 6 2024:KER:90466 APPENDIX OF WP(C) 42275/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 17.10.2024 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT.
Exhibit P2 A TRUE COPY OF THE LETTER DATED 30.10.2024 ISSUED BY THE 4TH RESPONDENT. Exhibit P3 A COPY OF THE LETTER DATED 05.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P4 A COPY OF THE LICENSE FOR SAW MILL OR OTHER WOOD BASED INDUSTRIAL UNIT DATED 20.03.2021 ISSUED BY THE DIVISIONAL FOREST OFFICER, THRISSUR.