IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
W.P.(C) NO.14802 OF 2022
PETITIONERS:
1 SMITHA,
AGED 42 YEARS, W/O.UTHAMAN,
UTHOOS, AITHOTUVA MURI,
PADINJAREKALLADA P.O., KUNNATHOOR TALUK,
KOLLAM-690 543.
2 LEENA VAMAKSHAN,
AGED 55 YEARS, W/O.D VAMAKSHAN,
LEENA BHAVANAM,
VALIYAPADAM, PADINJAREKKALADA P.O.,
KUNATHOOR TALUK, KOLLAM-690 543.
3 MANJU VAMAKSHAN,
AGED 36 YEARS, D/O.VAMAKSHAN,
LEENA BHAVANAM,
VALIYAPADAM, PADINJAREKKALLADA P.O.,
KUNATHOOR TALUK, KOLLAM-690 543.
BY ADV. C.RAJENDRAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS CHAIRMAN,
VYDYUTHI BHAVAN, PATTOM P.O.,
THIRUVANANTHAPURAM-695 004.
2 CHIEF ENGINEER,
KSEB, VYDYTHI BHAVAN, PATTOM P.O.,
THIRUVANANTHAPURAM-695 004.
3 THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD KOLLAM CIRCLE,
YMCA ROAD, KARBALA, KOLLAM, KERALA-691 001.
4 EXECUTIVE ENGINEER,
KSEB, KARUNGAPPALLY, KOLLAM-690 518.
5 ASSISTANT EXECUTIVE ENGINEER,
KSEB LIMITED, ELECTRICAL SUB DIVISION,
SASTHAMCOTTA, KOLLAM-690 521.
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W.P.(C) NO.14802 OF 2022
6 PADINJAREKALLADA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
PADINJARE KALLADA P.O., KUNNATHOOR TALUK,
KOLLAM-690 543.
7 THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR,
CIVIL STATION, COLLECTORATE P.O.,
KOLLAM-691 013.
R7 SMT. VINITHA V., SENIOR GOVERNMENT PLEADER
R1-R5 SRI. B. PREMOD, STANDING COUNSEL, KSEBL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) NO.14802 OF 2022
JUDGMENT
The petitioners claiming to be owners of 8 1/2 cents (3 Ares 40 Square Meters) comprised in Survey No.204/11-2, 9.30 cents in Survey No.204/10 and 8.50 Ares (21.50 cents) in Survey Nos.204/11 and 204/9 of Padinjarekallada Village respectively, are aggrieved by the attempt on the part of respondents 4 and 5 to shift a transformer to the entry point of their properties from the existing position. Ext.P4 is the complaint made to the Assistant Executive Engineer, the 5 th respondent herein, which has been acknowledged by him on 21.04.2022. The petitioners state that in spite of the objection, the dispute is not referred to the District Magistrate.
2. I have heard the learned counsel for the petitioners as well as the learned Standing Counsel for the Board.
3. Having considered the facts and circumstances of the case, there will be a direction to the 5th respondent to take up Ext.P4, with notice to the 6th respondent and take appropriate action in accordance with law, within a period of six weeks from today. Till orders are passed on Ext.P4, -4- W.P.(C) NO.14802 OF 2022 status quo as on today will be maintained regarding the shifting of transformer.
The writ petition is disposed of accordingly.
Sd/-
MOHAMMED NIAS C.P.
JUDGE bpr -5- W.P.(C) NO.14802 OF 2022 APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1 A TRUE PHOTOGRAPH OF THE PANCHAYATH OFFICE BUILDING WITH THE TRANSFORMER IN FRONT OF IT.
EXHIBIT P2 A TRUE PHOTOGRAPH OF THE PETITIONER'S PROPERTY AND THE BUILDING UNDER CONSTRUCTION.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONERS TO THE KERALA ELECTRICITY MINISTER DATED 20/04/2022. EXHIBIT P4 A TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONERS TO THE ASSISTANT EXECUTIVE ENGINEER SASTHAMCOTTA DATED 21/04/2022.