IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
WEDNESDAY, THE 6 DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 28138 OF 2021
PETITIONER:
RAFEEK ALIAS RAFEEK KUNJI
AGED 45 YEARS
S/O KUNJUMOHAMMED,
OTHIYIL HOUSE, VAZHAKULAM P O,
VAHAKULAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE ADDITIONAL DISTRICT MAGISTRATE (ADM)
ERNAKULAM , CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
2 THE ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY
BOARD, PERUMBAVUR, ERNAKULAM, PIN-683542.
3 SAJITHA SAIDU MUHAMMED
AGED ABOUT 46 YEARS
W/O SAIDU MUHAMMED, ARIMBASSERY HOUSE,
CHEMBARAKKI, SOUTH VAZHAKULAM,
PIN-683105, ERNAKULAM DISTRICT.
4 LOCAL LEVEL MONITORING COMMITTEE
VAZHAKKULAM, REPRESENTED BY ITS CONVENOR,
AGRICULTURAL OFFICER, VAZHAKULAM,
ERNAKULAM DISTRICT, PIN-683105.
5 THE VILLAGE OFFICER
VAZHAKULAM VILLAGE, ERNAKULAM DISTRICT, PIN-683105.
6 THE DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
WP(C) No.28138/2021 2
7 SOUTH VAZHAKULAM GRAMA PANCHAYATH,
ERNAKULAM DISTRICT, PIN-686670,
REPRESENTED BY ITS SECRETARY.
8 THE SECRETARY
SOUTH VAZHAKULAM GRAMA PANCHAYATH,
ERNAKULAM DISTRICT, PIN-686670,
BY ADVS.
O.B.NASSEER
DEEPAK RAJ
M.S.DILEEP(K/1123/2009)
C.P.ROOPA(K/000134/2015)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.28138/2021 3
JUDGMENT
Order Ext.P4 dated 23.11.2021 of the Additional District Magistrate allowing the electric connection to respondent No.3 by drawing 42 mtr. of LT Single phase OH line from the existing LT line in between post No.CK 21/21/3 and CK 21/21/4 after fixing post A to post B as per the sketch plan by rejecting the complaint of the petitioner has been challenged in the present Writ Petition.
2. The petitioner is alleged to be owner in possession of a property having extent of 18.80 Ares comprised in S.No.467/8 of Vazhakkulam Village, Kunnathunadu Taluk and had been paying tax to the concerned department which is evident from Ext.P1. The property of the petitioner is 'nilam' in the records of the Village and had left a portion of the property in front of the plot for ingress and egress. The third respondent is a relative of the petitioner who is also the owner of the property adjacent to the land of the petitioner comprised in S.No.467/9 which is classified as 'paddy land' in the revenue records and is about half a kilometre away from the property of the petitioner. He constructed a farm house without obtaining permission from the Panchayat and also submitted an application for getting electric connection, to the Kerala State Electricity Board. In the month of June 2021, officers of the WP(C) No.28138/2021 4 Electricity Board inspected the property in question. It was reliably learnt that attempt was made to obtain the electric connection to an unauthorizedly constructed building in a paddy land without obtaining permission from the Panchayat. Petitioner and other local persons obstructed the action of the KSEB in allowing the laying of the electric connection to the property of the 3 rd respondent by rejecting the objection Ext.P3.
3. Learned counsel appearing on behalf of the petitioner submitted that the ADM has passed the order without noticing the fact that no permission has been obtained from any Authority for construction like licence or permit from the Panchayat or from the revenue record converting the paddy land into other land. The first respondent did not consider, that the residential house of the 3 rd respondent is far away from the construction in the paddy field situated more than half km away from the shed for which the electric connection is being sought. No sight inspection on the property before passing of the order was conducted by the ADM neither any license as per the provisions of Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 has been obtained, though application is stated to be pending.
4. On the other hand, counsel for the third respondent WP(C) No.28138/2021 5 submitted that the third respondent is running a small scale cattle farm and carrying on the agricultural activities more than two decades. Agricultural officer has already been approached for getting the information related to the land as per Ext.R3(b). Form 6 before the jurisdictional Revenue Divisional Officer for change of nature of the land by remitting the requisite fee has been submitted as evident from Ext.R3(c). The third respondent is suffering from 80% of physical and mental disabilities as per the certificate Ext.R3(d). An application was also submitted to the concerned Station House Officer by registering an FIR in Crime No.21 of 2020 of Thadiyattaparamba Police Station on account of the physical assault.
5. Learned Standing Counsel for the Electricity Board submitted that the connection is not going through the property of the petitioner and it is being supplied from the existing pole and existing LT line to the property of respondent No.3.
6. I have heard the counsel for the parties and appraised the paper book and of the view that there is no force or merit as the order of the ADM is based upon the inspection site and the site plan. The site plan Ext.P4 reveals that from CK-21/21/3, an electric line is being supplied to the property of respondent No.3 WP(C) No.28138/2021 6 and from the same very pole it is being also supplied to CK- 21/21/4 i.e., existing LT line. There is no bar under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 for issuance of the electric connection to the property. If the application for change of the land is pending, it is the competence of the Revenue Authorities to consider such request, but for running an agricultural activity i.e., the diary farm, electricity supply is sine qua non which cannot be denied in the manner and mode as objected to by the petitioner. The petitioner has already been given permission to submit an objection to the Revenue Divisional officer in connection with the construction of the building.
Writ Petition sans merit and it is accordingly dismissed.
Sd/-
AMIT RAWAL JUDGE csl WP(C) No.28138/2021 7 APPENDIX OF WP(C) 28138/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 27.11.2021 ISSUED BY THE FIFTH RESPONDENT IN THE NAME OF DECEASED FATHER OF PETITIONER.
Exhibit P2 TRUE COPY OF THE THANDAPPER ACCOUNT IN CONNECTION WITH THE PROPERTY OF PETITIONER DATED 3.12.2021 ISSUED BY THE FIFTH RESPONDENT IN THE NAME OF DECEASED FATHER OF PETITIONER. Exhibit P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER DATED 23.11.2021 ISSUED BY THE FIRST RESPONDENT.
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 4.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE SIXTH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 6.12.2021 ISSUED FROM THE OFFICE OF THE SIXTH RESPONDENT.
RESPONDENTS' EXHIBITS Exhibit R3(a) TRUE COPY OF DOCUMENT NO.3733/97 OF THE PERUMBAVOOR SUB REGISTRAR OFFICE DATED 12.8.1997 Exhibit R3(b) TRUE COPY OF THE RELEVANT PORTION OF THE DRAFT DATA BANK MAINTAINED BY THE AGRICULTURAL OFFICE, VAZHAKULAM Exhibit R3(c) TRUE COPY OF FORUM 6 APPLICATION DATED 2.4.2022 SUBMITTED BEFORE THE JURISDICTIONAL REVENUE DIVISIONAL OFFICER Exhibit R3(d) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE SUPERINTENDENT, DISTRICT HOSPITAL, ALUVA DATED 4.4.2017.
Exhibit R3(e) TRUE COPY OF THE CERTIFICATE ISSUED BY THE DAIRY DEVELOPMENT OFFICER, DAIRY DEVELOPMENT WP(C) No.28138/2021 8 DEPARTMENT, VAZHAKULAM DATED 26.4.21.
Exhibit R3(f) TRUE COPY OF THE RECEIPT DATED 2.12.2021 ISSUED BY THE KERALA ELECTRICITY BOARD.
Exhibit R3(g) TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.21/2020 OF THADIYATTAPARAMBA POLICE STATION.
Exhibit R3(h) TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.984/2021 OF THADIYATTAPARAMBA POLICE STATION, ERNAKULAM.