Kerala High Court
Kothamangalam Paura Samithy Aged 50 ... vs Kerala State Electricity Board on 1 May, 2014
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 5TH DAY OF NOVEMBER 2014/14TH KARTHIKA, 1936
WP(C).No. 18626 of 2014 (C)
-----------------------------------------
PETITIONER(S):
--------------------------
KOTHAMANGALAM PAURA SAMITHY AGED 50 YEARS
HAVING REGISTRATION NO.EKM/TC/939/2012
HIGH RANGE JUNCTION, KOTHAMANGALAM, ERNAKULAM-686 691
REPRESENTED BY ITS PRESIDENT
JOHNY VARGHESE MARACHERIL, S/O.VARGHESE.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENT(S):
----------------------------
1. KERALA STATE ELECTRICITY BOARD
VYDHUTHI BHAVANAM, PATTAM PALACE, TRIVANDRUM-695 004
REPRESENTED BY CHIEF ENGINEER
2. THE EXECUTIVE ENGINEER
ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD
MUVATTUPUZHA, ERNAKULAM DISTRICT-686 691.
3. ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA
ERNAKULAM DISTRICT-686 673.
4. THE DISTRICT COLLECTOR, COLLECTORATE,
CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.
5. REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673.
6. THE SUB INSPECTOR OF POLICE
OONUKAL POLICE STATION, KOTHAMANGALAM
ERNAKULAM DISTRICT-686 676.
7. LITTLE FLOWER HIGH SCHOOL
OONUKAL VILLAGE, KOTHAMANGALAM TALUK
ERNAKULAM DISTRICT-686 671
REPRESENTED BY ITS MANAGER.
R1-R3 BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB
R4 -R6 BY SR. GOVERNMENT PLEADER, SHYSON P.MANGUZHA
R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON\
05-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18626 of 2014 (C)
---------------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXT.P1. TRUE PHOTOGRAPHS SHOWING THE 11 KV ELECTRIC LINE DRAWN
ADJACENT TO THE SHOOL BUILDING THAT TOO OVER THE SSHOOL
PALY GROUND
EXT.P2. TRUE COPY OF THE FIR DATED 1/5/2014 ALONG WITH FIRST
INFORMATION STATEMENT IN CRIME NO.430/2014 OF OONNUKAL
POLICE STATION
EXT.P3. TRUE COPY OF THE MASS PETITION DATED 23/6/2014 FILED BY THE
PETITIONER AND OTHERS BEFORE THE REVENUE DIVISIONAL
OFFICER, MUVATTUPUZHA AND 2ND AND 3RD RESPONDENTS
EXT.P4. TRUE COPY OF ROUGH SKETCH SHOWING THE 7TH RESPONDENT
SCHOOL AND ITS PREMISES AND LIE AND NATURE OF THE ELECTRIC
LINE AND THAT AND MNH.
RESPONDENT(S)' EXHIBITS
---------------------------------------
EXT.R1(a) TRUE COPY OF MAHAZAR DATED 01.05.2014 PREPARED BY THE
ASSISTANT ENGINEER, ELECTRICAL SECTION No.II
EXT.R1(b) TRUE COPY OF THE REPORT DATED 05.05.2014 PREPARED BY THE
ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION,
KOTHAMANGALAM.
EXT.R1(c) ORIGINAL COPY OF THE PHOTOGRAPHS OF NOTICE AFFIXED IN THE
BOARD'S SECTION OFFICE TO MAKE AWARENESS TO THE PUBLIC
ABOUT THE SAFETY ASPECTS.
EXT.R1(d) TRUE COY OF THE SKETCH SHOWING 66KV AND 11 KV LINES IN THE
PROPOSED ROUTE.
// True copy //
PA to Judge
das
P.R. RAMACHANDRA MENON, J.
====================================
W.P.(C). No. 18626 of 2014
=================================
Dated this the 5th day of November, 2014
JUDGMENT
The petitioner, who proclaims itsef as a good samaritan, has approached this Court, mainly with the following prayer:
To issue a writ of mandamus or any other appropriate writ or order or direction and thereby command the respondents 1 to 3 to shift the 11 KV electric line drawn very adjacent to the Little Flower High School and realign the same through the Uppukulam-Oonnukal PWD Road and Cochin Madura National Highways running through the eastern the southern sides of the school premises respectively within a stipulated time as fixed by this Honourable Court.
2. The case projected by the petitioner is that 11KV line has been drawn very adjacent to the 7th respondent High School along the Uppukulam-Oonnukal PWD Road and Cochin Madura National Highways, which in fact passes through the eastern and southern sides of the school premises. According to the petitioner, the line causes serious threat to the lives and limbs of students of -2- W.P.(C).No. 18626 of 2014 the 7th respondent School. It is also stated that a casualty occurred when painting of the school premises was being carried out, resulting in electrocution of a worker as disclosed from Ext.P2 FIR dated 01.05.2014. Though the petitioner and others filed a mass petition as borne by Ext.P3 before the RDO as well as the respondents 2 and 3, the same did not yield any positive result and hence the writ petition.
3. The respondent Board has filed a detailed counter affidavit pointing out the facts and figures. It is stated that the casualty occurred as disclosed from Ext.P2 FIR was never due to any failure or lapse attributable to the respondent Board. It is stated that the building was constructed by the 7th respondent school hardly one year back and the 11 KV lines were in existence for the past several years. It is further stated that, it is for the 7th respondent school authorities to take necessary care and to see that the terrace of the building is not let open to have access/entry to the students and -3- W.P.(C).No. 18626 of 2014 others concerned without their permission and to take adequate measures to safeguard the interest of all concerned. It is also pointed out that the line was drawn by the respondent Board at the relevant time, strictly in conformity with the statutory prescriptions and taking note of the existing structures and such other relevant aspects. It is also contended by the respondent Board that the 7th respondent school has not raised any objection or grievance with regard to the 'lines' and further that the petitioner does not have any 'locus standi' to approach this Court through this petition, which is more or less a 'public interest litigation'.
After hearing both the sides, this Court finds that this is not a fit case to call for interference invoking the discretionary jurisdiction of this Court under Article 226 of the Constitution of India. Accordingly, interference is declined and the writ petition is dismissed.
Sd/-
P.R. RAMACHANDRA MENON JUDGE das