Kerala High Court
P.V Thomas vs State Of Kerala on 6 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:67765
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 29946 OF 2024
PETITIONERS:
1 P.V THOMAS
AGED 76 YEARS
S/O. VAKKO, PALAYIL HOUSE, AROOR P.O,ALAPPUZHA
DISTRICT, PIN - 688534.
2 PHILOMINA FRANCINA
AGED 70 YEARS
W/O P.V THOMAS, PALAYIL HOUSE, AROOR P.O, ALAPPUZHA
DISTRICT, PIN - 688534.
BY ADVS.
SRINIVAS C.K.
S.DEVARAJAN
K.SAJAN KURIAKOSE
HARISANKAR S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE,
ALAPPUZHA, PIN - 688001.
2 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, ALAPPUZHA, PIN - 688001.
3 KSEB LTD
REPRESENTED BY THE EXECUTIVE ENGINEER, KSEB LTD.,KSEB
ROAD, NEAR GANDHI SMARAKAM, PULLIRITHAKKARY,
CHERTHALA, PIN - 688524.
4 THE ASSISTANT EXECUTIVE ENGINEER
KSEB LTD., POOCHAKKAL, ALAPPUZHA,, PIN - 688526.
2024:KER:67765
WP(C) NO. 29946 OF 2024 2
5 THE ASSISTANT ENGINEER,
KSEB LTD.,AROOR, ALAPPUZHA, PIN - 688534.
6 SRI. RATHEESH
DAIVATHARA PARAMBU, AROOR GRAMA PANCHAYATH, AROOR
P.O,ALAPPUZHA DISTRICT, PIN - 688534.
SRI.A. ARUN KUMAR-SC
SRI.SREEJITH V S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:67765
WP(C) NO. 29946 OF 2024 3
JUDGMENT
The present writ petition has been filed for the following prayers:-
i) Issue a writ of Mandamus restraining the Respondents 3 to 5 from drawing the electric line through the petitioners' property to the 6th respondent's house.
ii) To direct the Respondents 3 to 5 to accept the alternate route for drawing electric line to the 6'h respondent's house in view of the consent given by the owner of the adjacent property.
iii) To direct the Respondents 1 to 5 to find an alternate route feasible to the residents of the locality.
iv) To issue such other writs, orders or direction which the court deems to be fit.
2. The learned counsel for the petitioners submits that the petitioners are residing in their own house having a land area of 17 cents. The 6th respondent , Mr.Ratheesh is said to be the neighbour of the petitioners. The 6th respondent had applied for electric connection. The learned counsel for the petitioners submits that the respondent Board is proposing to draw electricity line through the petitioners' property to provide electricity connection to the 6 th respondent. Aggrieved by the action of the respondent Board, the petitioners have moved an application before the Additional District Magistrate as per Ext.P3 on 6.4.2024. However, no consideration has been given to the said application till date.
2024:KER:67765 WP(C) NO. 29946 OF 2024 4 Considering the aforesaid submission of the learned counsel for the petitioners, the present writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ext.P3 in accordance with law after hearing the petitioners, the 6th respondent, the Electricity Board and any other affected parties, preferably within a period of one month from the date of receipt of a copy of the judgment.
Sd/-
DINESH KUMAR SINGH JUDGE Sru 2024:KER:67765 WP(C) NO. 29946 OF 2024 5 APPENDIX OF WP(C) 29946/2024 PETITIONERS EXHIBITS Exhibit P1 THE TRUE COPY OF THE CONSENT LETTER GIVEN BY SRI. SABU KS.
Exhibit P2 TRUE COPY OF THE SKETCH SHOWING ALTERNATE ROUTE FOR DRAWING ELECTRIC LINE AND THE AREA. Exhibit P3 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS DATED 06.04.2024.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO 31181/2006 KHADEEJA VS. ADDITIONAL DISTRICT MAGISTRATE DATED 04.12.2012.
Exhibit P5 TRUE COPY OF THE JUDGEMENT IN WP(C) NO 5748/2010 DATED 07-09-2012 CHATHUKUTTY VS. ADDITIONAL DISTRICT MAGISTRATE.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO 12286/2021 DATED 10.11.2021, INDUS TOWERS LTD VS. KERALA STATE ELECTRICITY BOARD. Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.
21933/2021 RAJESH C.V VS KSEB (2021:KER:42658) DATED 29.10.2021.