IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
WP(C) NO. 14898 OF 2022
PETITIONER/S:
1 AMINA
AGED 75 YEARS
W/O MUHAMMED,
ADANGAMPURAM HOUSE,
PATTARKULAM,
NARUKULAM PO
MANJERI, PIN - 676122
2 HAIDAR ALI
AGED 44 YEARS
S/O MUHAMMED,
ADANGAMPURAM HOUSE,
PATTARKULAM,
NARUKULAM PO
MANJERI, PIN - 676122
BY ADVS.
N.ANAND
RAJESH O.N.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION,
MALAPPURAM, PIN - 676505
2 THE ADDITIONAL DISTRICT MAGISTRATE
DISTRICT COLLECTORATE,
MALAPPURAM CIVIL STATION,
MALAPPURAM, PIN - 676505
3 KERALA STATE ELECTRICITY BOARD - KSEB
VYDYUTHI BHAVANAM,
PATTOM,
THIRUVANANTHAPURAM
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, PIN
- 695004
4 THE DEPUTY CHIEF ENGINEER
WP(C)No.14898 /2022 2
THE KERALA STATE ELECTRICITY BOARD LIMITED,
CALICUT ROAD, VYDYUTHI BHAVANAM,
MANJERI, PIN - 676121
5 THE ASSISTANT ENGINEER
THE KERALA STATE ELECTRICITY BOARD LIMITED,
CALICUT ROADD, VYDYUTHI BHAVANAM,
MANJERI, PIN - 676121
6 M/S KAPS MOTORS PRIVATE LIMITED
DOOR NO. 1/383,
PAM BUILDING, KUNNAMANGALAM,
KARANTHUR
KOZHIKODE
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 673571
FOR R1 AND R2 BY ADV. JOBY JOSEPH, PP
FOR R3 TO R5 BY ADV.B.PREMOD, STANDING COUNSEL, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.14898 /2022 3
JUDGMENT
The petitioners are aggrieved by the shifting of a transformer situated in the property of the 6th respondent to the property of the petitioners herein. It is pointed out that, as against the said proposal, the petitioners have submitted Exhibit P7 petition before the 2nd respondent who is the statutory authority to adjudicate on the dispute relating to the same. The prayer sought for by the petitioners is to direct the 2 nd respondent to take up the said petition and adjudicate upon the dispute involved therein and to keep the implementation of the proposal until the issue is decided by the 2nd respondent.
2. Heard the learned counsel for the petitioners, the learned Standing Counsel for the K.S.E.B and the learned Government Pleader for the State.
3. Considering the nature of relief that has been sought for, the notice to the 6th respondent WP(C)No.14898 /2022 4 has been dispensed with.
4. In the facts and circumstances of the case, I deem it appropriate to dispose of this Writ Petition by directing the 2nd respondent to consider and pass appropriate orders on Ext.P7 application after hearing all the affected parties including the 6th respondent. In such circumstances, this Writ Petition is disposed of by directing the 2nd respondent to take a decision on Ext.P7 application in accordance to law after issuing notice to the affected parties and pass orders thereon within a period of two months from the date of receipt of a copy of this judgment. Till a decision is taken, the implementation of the said proposal shall be kept in abeyance.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE pkk WP(C)No.14898 /2022 5 APPENDIX OF WP(C) 14898/2022 PETITIONER EXHIBITS Exhibit-P1: TRUE COPY OF THE TAX-PAID RECEIPT DATED 11.04.2022 IN RECEIPT NO.
KL10011804189/2022 ISSUED BY NARUKARA VILLAGE OFFICE Exhibit-P2 TRUE COPY OF THE TAX PAID RECEIPT DATED 21.02.2018 ISSUED BY THE NARUKARA VILLAGE OFFICE IN RECEIPT NO. KL10011800859/2022 Exhibit-P3 PHOTOGRAPH OF THE TRANSFORMER NOW KEPT AT THE PREMISES OF RESPONDENT NO. 6 Exhibit-P4 TRUE COPY OF THE COMPLAINT DATED 15.10.2021 PREFERRED BY PETITIONERS BEFORE RESPONDENT NO.1 Exhibit-P5 TRUE COPY OF THE COMMUNICATION DATED 26.12.2021 ISSUED BY RESPONDENT NO.1 TO RESPONDENT NO. 4 IN FILE NO.
DCMPM/12901/2021-E2 Exhibit-P6 PHOTOGRAPH OF THE CONSTRUCTIONS MADE BY RESPONDENTS 3 TO 5 Exhibit-P7 TRUE COPY OF THE COMPLAINT DATED 15.04.2022 PREFERRED BY PETITIONERS BEFORE RESPONDENT NO. 2 Exhibit-P8 TRUE COPY OF THE RECEIPT DATED 16.04.2022 ISSUED BY RESPONDENT NO. 2 IN NO. 541168/22/E2