Kerala High Court
Olakkal Krishnan @ Balakrishnan vs Kerala State Electricity Board on 6 December, 2012
Author: B.P.Ray
Bench: B.P.Ray
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
THURSDAY, THE 6TH DAY OF DECEMBER 2012/15TH AGRAHAYANA 1934
WP(C).No. 36694 of 2008 (R)
-----------------------------------------
PETITIONER(S):
-----------------------
OLAKKAL KRISHNAN @ BALAKRISHNAN,
S/O.K.RAMAN, AGED 62 YEARS, RESIDING AT CHELERI
AMSOM, KARIAPPU DESOM, KANNUR DISTRICT.
BY ADV. SRI.V.RAMKUMAR NAMBIAR
RESPONDENT(S):
------------------------
1. KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN
SECRETARIAT, THIRUVANANTHAPURAM.
2. THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, KANNUR.
3. THE ASSISTANT EXECUTIVE ENGINEER,
K.S.E.B, ELECTRICAL SUB DIVISION, VALAPATTANAM
KANNUR.
4. PARAMBATH JANAKI, W/O.LATE GOVINDAN,
RESIDING AT PUTHANPURAYIL HOUSE, PAYYUR,P.O.MAYYIL
KANNUR DISTRICT.
R1 & 3 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B
R1 &3 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB
R2 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.36694/2008
APPENDIX
PETITIONER'S EXHIBITS:-
P1:- COPY OF THE BASIC TAX RECEIPT ISSUED BY THE CHELERI VILLAGE OFFICER
DTD. 31.10.1986.
P2:- COPY OF BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, CHELERI DTD.
9.11.1992.
P3:- COPY OF THE DECREE IN OS. 551/98 FILED BY THE PETITIONER HEREIN AGAINST
THE FOURTH RESPONDENT AND OTHERS BEFORE THE MUNSIFF'S COURT, KANNUR
DTD. 20.6.2000.
P4:- COPY OF THE JUDGMENT IN OS.248/2006 BEFORE THE MUNSIFF'S COURT,
KANNUR DT. 26.11.2007.
P5:- COPY OF THE DECREE IN OS. 248/2006 OF THE MUNSIFF'S COURT, KANNUR DT.
26.11.2007.
P6:- COPY OF THE ORDER OF THE ADDITIONAL DISTRICT MAGISTRATE DTD. 17.11.2008.
RESPONDENT'S EXHIBITS:-
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
B.P.RAY, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C)No.36694 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 6th day of December, 2012
JUDGMENT
Petitioner is the owner of the property bearing Sy.No.R.S.No.33/1 at Cheleri Village in Thaliparamba Taluk. The issue involved in this case is that an electric post situated on the south western corner of the petitioner's property was shifted without the consent of the petitioner. Though the petitioner objected to the same, nothing was done. The petitioner therefore approached the second respondent to shift the same back to its original position. The second respondent without taking into consideration any of the aspects held that the electric post is situated outside the petitioner's property and therefore rejected the same vide Ext.P6 order. Learned counsel for the petitioner submits that Ext.P6 order is a non speaking order. Therefore, the petitioner filed this writ petition with the following prayers:
a) Issue a writ of certiorari or such other appropriate writ, order or direction calling for the originals of Ext.P6 order dated 17-11-2008 issued by the second respondent and quash the same in the interest of justice.
b) Issue a writ of mandamus or such other appropriate writ, order or direction directing the respondents 1 and 3 to shift the electric post from its present location to the south western corner of the petitioner's property where it stood earlier in the interest of justice.
W.P.(C)No.36694 OF 2008 :: Page numbers ::
2. On a reading of Ext.P6 order, it appears to me that the second respondent/Additional District Magistrate has not applied his mind to the facts of the case and has passed the impugned order. Therefore, the impugned order is set aside and the matter is remitted back to the second respondent/Additional District Magistrate for reconsideration. The ADM shall consider and pass fresh orders in accordance with law. It is further directed that the third respondent/the Assistant Executive Engineer, KSEB shall make a spot verification and submit a report to the ADM with regard to proper location for the erection of the electric post. The entire exercise shall be concluded within three months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to all the concerned.
Writ petition is disposed of.
B.P.RAY, JUDGE jes