Kerala High Court
Jacob Thomas vs Power Grid Corporation Of India Ltd on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 11656 OF 2024
PETITIONER:
ALEXANDER M AGED 47 YEARS S/O M.C. ALEXANDER,
MURICKANANICKAL HOUSE, KANGAZHA P,O., CHANGANACHERRY,
KOTTAYAM DISTRICT, PIN - 686541
BY ADVS. SANIL JOSE K.P.ANTONY BINU
RESPONDENTS:
1 POWER GRID CORPORATION OF INDIA LTD. REPRESENTED BY
ITS DEPUTY GENERAL MANAGER, PALLIKKARA, KUMARAPURAM
P.O., KOCHI, PIN - 683565
2 PRINCIPAL SECRETARY POWER (ELECTRICITY) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 DISTRICT COLLECTOR KOTTAYAM, COLLECTORATE P.O
KOTTAYAM, PIN - 686002
4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
5 CHIEF SECRETARY GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SR. GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.04.2024 ALONG WITH WP(C).NO.11707 OF 2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 11656 & 11707 of 2024. :2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 11707 OF 2024
PETITIONER:
JACOB THOMAS AGED 69 YEARS S/O THOMAS,
MURICKANANICKALAYA PERINGANATHU HOUSE, KANGAZHA P.O.,
CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686541
BY ADVS. SANIL JOSE K.P.ANTONY BINU
RESPONDENTS:
1 POWER GRID CORPORATION OF INDIA LTD. REPRESENTED BY
ITS DEPUTY GENERAL MANAGER, PALLIKKARA, KUMARAPURAM
P.O., KOCHI, PIN - 683565
2 PRINCIPAL SECRETARY POWER (ELECTRICITY) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 DISTRICT COLLECTOR KOTTAYAM, COLLECTORATE P.O.,
KOTTAYAM, PIN - 686002
4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
5 CHIEF SECRETARY GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN CAME UP FOR
ADMISSION ON 19.04.2024 ALONG WITH WP(C).NO.11656 OF 2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 11656 & 11707 of 2024. :3:
VIJU ABRAHAM , J.
=============================
WP(C) Nos. 11656 & 11707 of 2024
=============================
Dated this the 19th day of April, 2024
JUDGMENT
Since common issues are raised in these writ petitions they are heard and disposed of together.
2. In these cases, the petitioners have sought for direction to the respondents to consider and pass orders on the request made by them for grant of interest @ 12% per annum for the amount of compensation already paid to them. Petitioners would submit that certain extent of property owned by them were utilized for drawing Edamon - Kochi 400 KV transmission line. Petitioners would submit that while receiving compensation, Ext.P1 afffidavit was submitted, wherein they have agreed that they will not raise any objection regarding the compensation amount/ex gratia amount paid to them. The grievance raised by the petitioners is that there is a delay of almost 5 years in making payment of the compensation amount for which no interest was paid. It is in the said circumstances that the petitioners have approached the authorities requesting them to pay interest @ 12% per annum on the compensation amount paid.
3. The learned Counsel appearing for the 1 st respondent would submit that, since they have submitted Ext.P1 undertaking in WP(C) Nos. 11656 & 11707 of 2024. :4: the form of an affidavit that no further claims will be raised, they cannot now turn around and seek a direction for payment of interest.
4. Section 10(d) of The Indian Telegraph Act, 1885 mandates that, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers, and Section 16(3) mandates that if any dispute arises concerning the sufficiency of the compensation to be paid under section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him. In view of the specific provision in the Indian Telegraph Act, 1885 as per Section 16(3), whereby the petitioner has an efficacious remedy to approach the jurisdictional District Judge when there is any dispute regarding the sufficiency of compensation paid under Section 10, this Court is of the view that it is for the petitioners to approach the jurisdictional District Judge under Section 16(3) for redressal of their grievance. It is made clear that Ext.P1 affidavit produced by the petitioners in these writ petitions will not stand in their way to approach the District Judge concerned under Section 16 (3) of the Indian Telegraph Act, 1885. If the petitioners file appropriate application before the District Judge concerned WP(C) Nos. 11656 & 11707 of 2024. :5: under Section 16(3) of the Indian Telegraph Act,1885 within a period of three weeks from the date of receipt of copy of this judgment, the same shall be considered and disposed of in accordance with law by the District Judge concerned without any delay. Leaving open such right of the petitioners as above, these writ petitions are disposed of.
Sd/-
VIJU ABRAHAM JUDGE sbk/-
WP(C) Nos. 11656 & 11707 of 2024. :6:
APPENDIX OF WP(C) 11656/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 25/3/2022 SUBMITTED BY THE PETITIONER BEFORE THE SPECIAL TAHSILDAR L.A. (POWER GRID), KOTTAYAM Exhibit P2 TRUE PHOTOCOPY OF THE APPLICATION DATED 22/2/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IS Exhibit P3 TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXT.P2 APPLICATION BY THE 1ST RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION DATED 15/2/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE PHOTOCOPY OF THE POSTAL TRACK REPORT EVIDENCING RECEIPT OF EXT.P4 APPLICATION BY THE 2ND RESPONDENT Exhibit P6 TRUE PHOTOCOPY OF THE APPLICATION DATED 15/2/2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P7 TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXT.P6 APPLICATION BY THE 3RD RESPONDENT WP(C) Nos. 11656 & 11707 of 2024. :7: APPENDIX OF WP(C) 11707/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 8/3/2022 SUBMITTED BY THE PETITIONER BEFORE THE SPECIAL TAHSILDAR L.A. (POWER GRID), KOTTAYAM Exhibit P1A TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 19/8/2022 SUBMITTED BY THE PETITIONER BEFORE THE SPECIAL TAHSILDAR L.A. (POWER GRID), KOTTAYAM Exhibit P2 TRUE PHOTOCOPY OF THE APPLICATION DATED 22/2/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P3 TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXT.P2 APPLICATION BY THE 1ST RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION DATED 20/2/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE PHOTOCOPY OF THE POSTAL TRACK REPORT EVIDENCING RECEIPT OF EXT.P4 APPLICATION BY THE 2ND RESPONDENT Exhibit P6 TRUE PHOTOCOPY OF THE APPLICATION DATED 20/2/2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P7 TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXT.P6 APPLICATION BY THE 3RD RESPONDENT