Kerala High Court
C.G.Gopikadevi vs The Executive Engineer on 22 April, 2016
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY,THE 19TH DAY OF JULY2016/28TH ASHADHA, 1938
WP(C).No. 19013 of 2016 (B)
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PETITIONER(S) :
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1. C.G.GOPIKADEVI,
W/O.SIVADAS, AGED 62 YEARS,
GOPIKA, B-1174 & 1174-A,
SATELLITE 3RD AVENUE, PADAMUGAL,
VAZHAKKALA, KAKKANAD.
2. ANEESH T.K.,
B-1169, SATELLITE 3RD AVENUE,
PADAMUGAL, VAZHAKKALA,
KAKKANAD.
3. M.R.RAJAMMA,
W/O.LATE K.K.PURUSHOTHAMAN,
THUSHARAM, B 1036,
SATELLITE 3RD AVENUE,
PADAMUGAL, VAZHAKKALA,
KAKKANAD.
4. K.G.BALACHANDRAN,
KARTHIKA, H.NO.1034,
SATELLITE 3RD AVENUE,
PADAMUGAL, VAZHAKKALA,
KAKKANAD.
5. M.K.SETHUMADHAVAN NAIR,
S/O.KRISHNA PILLAI, H.NO.B-1032,
SATELLITE 3RD AVENUE, PADAMUGAL,
VAZHAKKALA, KAKKANAD.
BY ADVS.SRI.K.MOHANAKANNAN
SRI.NOEL JOSEPH
RESPONDENTS :
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1. THE EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
TRIPUNITHURA, ERNAKULAM - 682 301.
...2/-
WP(C).No. 19013 of 2016 (B) -2-
2. THE ASST EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
THRIKKAKARA - 682 028.
3. THE DISTRICT COLLECTOR,
COLLECTORATE, ERNAKULAM,
KAKKANAD - 682 030.
4. ADDITIONAL DISTRICT MAGISTRATE,
ERNAKULAM - 682 030.
R1 & R2 BY ADV. SRI.K.M.SATHYANATHA MENON, SC
R3 & R4 BY GOVT. PLEADER SMT. K.T. LILLY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-07-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...3/-
WP(C).No. 19013 of 2016 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS :
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EXT. P1 TRUE COPY OF THE SKETCH OF THE VARIOUS APARTMENTS/
RESIDENTIAL HOUSES.
EXT. P2 TRUE COPY OF THE REPRESENTATION DATED 22.04.2016 BEFORE
THE 2ND RESPONDENT.
EXT. P3 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY
THE PETITIONERS AND OTHERS BEFORE THE RESPONDENTS 1
AND 2.
EXT. P4 TRUE COPY OF INFORMATION GIVEN BY THE THRIKKAKARA
MUNICIPALITY UNDER RIGHT TO INFORMATION ACT.
EXT. P5 TRUE COPY OF THE COMMUNICATION SENT BY THE KERALA STATE
HOUSING BOARD TO THE THRIKKAKARA HOUSING SCHEME DATED
31.7.1987.
EXT. P6 TRUE COPY OF THE COMPLAINT DATED 14-6-2016 SUBMITTED
BEFORE THE 3RD RESPONDENT BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS :
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EXT. R1(a) TRUE COPY OF THE SKETCH PREPARED BY THE BOARD SHOWING
THE DISTANCE AND OTHER DETAILS.
EXT. R1(b) TRUE COPY OF THE REPRESENTATION DATED 20.5.2015 GIVEN BY
THE COUNCILLOR IN DIVISION-25 OF THE THRIKKAKARA
MUNICIPALITY TO THE ASSISTANT ENGINEER, KSEB,THRIKKAKARA
WEST.
EXT. R1(c) TRUE COPY OF THE REPRESENTATION DATED 28.5.2015 GIVEN BY
THE CHAIRPERSON OF THE THRIKKAKARA MUNICIPALITY TO THE
EXECUTIVE ENGINEER, KSEB.
//TRUE COPY//
P.A. TO JUDGE
Mn
A.M.SHAFFIQUE, J.
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W.P.(C).No.19013 of 2016
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Dated this the 19th day of July, 2016
J U D G M E N T
Petitioners have approached this Court seeking for a direction to the Additional District Magistrate to consider Ext.P3 and to pass appropriate orders. Petitioners claim to be the residents of Satellite Township, Kakkanad. They are concerned about drawal of a 11KV line and installation of a transformer through the township. Though they have objected to the drawal of line by submitting Ext.P3 to the Executive Engineer, no action had been taken for an enquiry in terms of Section 16(1) of the Indian Telegraph Act, 1885. Hence, the petitioner has approached this Court.
2. Counter affidavit has been filed on behalf of respondents 1 and 2 inter alia stating that the 11KV line is drawn through an existing LT line, where there are enough posts and only an additional post is being installed. That apart, the transformer is installed after giving appropriate clearance to the road as well as to the nearby properties. Ext.R1(a) plan is also produced to indicate the distance factor and the proposed line.
3. It is further submitted that insofar as the road has been vested with the Municipality in the terms of Section 10(c), there is no necessity for the Electricity Board to refer the matter to the District Magistrate since none of the properties of the petitioners are affected by the drawal of the aforesaid line. It is stated that the W.P.(C).No.19013 of 2016 2 situation as envisaged under Section 10(d) has not arisen in the matter.
4. Learned counsel for the petitioners, however, produced Ext.P4 which is an information received by the petitioners under the Right to Information Act wherein the Municipality has indicated that there is no document available to show that the Satellite Township road is vested in the Municipality.
5. Be that as it may, in view of the fact that there is an objection raised in regard to the drawal of electric line and installation of transformer and prima facie there is no material to indicate that road and the property have vested in the Municipality, it would only be appropriate for the District Magistrate to consider the matter in terms of Section 16 of the Act. Accordingly, this writ petition is disposed of as under :
The respondent Board shall refer the matter to the District Magistrate in terms of Section 16(1) of the Act, which shall be considered by the Magistrate after notice to the 1st petitioner on behalf of persons who had given representations in terms of Ext.P3 and appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV