Professor M.G.George vs The State Of Kerala
2021 Latest Caselaw 2662 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                      WP(C).No.23972 OF 2015(V)


PETITIONER:

               PROFESSOR M.G.GEORGE
               AGED 79 YEARS
               S/O.REV.FATHER GEEVARGHESE, MURIMATTATHIL
               HOUSE,IKKARANADU SOUTH VILLAGE, KOLENCHERRY,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.T.R.HARIKUMAR
               SRI.ARJUN RAGHAVAN
               SRI.ADITHYA RAJEEV

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY,
               GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,
               PIN - 590 001.

      2        THE KERALA STATE ELECTRICITY BOARD
               REPRESENTED BY THE SECRETARY TO THE KERALA STATE
               ELECTRICITY BOARD, VYDHYTHI BHAVAN,TRIVANDRUM - 590
               001.

      3        THE EXECUTIVE ENGINEER
               KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,
               TRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682 301.

      4        THE ASST.EXECUTIVE ENGINEER (ELECTRICAL SECTION)
               PUTHENCRUZ, ERNAKULAM DISTRICT, PIN - 682 308.

      5        THE ASSISTANT ENGINEER
               ELECTRICAL SECTION, KOLENCHERRY, ERNAKULAM DISTRICT,
               PIN - 682 311.


      6        THE DEPUTY CHIEF ELECTRICAL INSPECTOR
               OFFICE OF THE DEPUTY CHIEF ELECTRICAL
               INSPECTOR,THOPPIL ESTATE, VYTTILA,
               COCHIN - 682 019.
 WP(C).No.23972 OF 2015(V)

                                  2




        7       JOJO JACOB
                DEPUTY CHIEF ELECTRICAL INSPECTOR,
                OFFICE OF THE ELECTRICAL INSPECTORATE,
                ERNAKULAM.

        8       T.P.GEORGE
                AGED ABOUT 78 YEARS
                S/O.T.V.POULOSE, THAMARACHALIL HOUSE,
                KOLENCHERRY,ERNAKULAM DISTRICT, PIN - 682 311.

                R8 BY ADV. SRI.P.V.KURIACHAN
                R2 TO R5 BY ADV. SRI.SUDHEER GANESH KUMAR R., SC,
                KERALA STATE ELECTRICITY BOARD




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23972 OF 2015(V)

                                    3




                                  JUDGMENT

Dated this the 22nd day of January 2021

This writ petition has been filed praying to quash Ext.P4,

where by the petitioner was informed that his request for shifting

an electric line passing through his property can be considered

only under payment (as a deposit work).

2. The counter affidavit filed by the Kerala State

Electricity Board specifically states that the line in question was

appears to have been drawn through the property of the

petitioner at least 15 years prior to 10.03.2017 (the date of the

counter affidavit). The 8th respondent, who is a beneficiary of the

electric connection has also filed a counter affidavit stating that

the line in question was drawn many many years ago and in all

probability could have been done with the permission of the late

father of the petitioner.

3. Though it is open to the petitioner in normal

circumstances to object to the line being drawn through his

property and to have such objection adjudicated, I believe that

since the line in question has been drawn atleast 15 - 20 years

ago, it is not open to the petitioner to now object to the electric WP(C).No.23972 OF 2015(V)

line passing through his property. Any right that the petitioner

had for objecting to such line being drawn has been lost, on

account of acquiescence, delay and latches.

The writ petition fails and is accordingly, dismissed.

Sd/-

GOPINATH P.

JUDGE DK WP(C).No.23972 OF 2015(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ROUGH SKETCH PREPARED BY THE PETITIONER

EXHIBIT P2 TRUE COPY OF COMPLAINT DATED 14.2.2012 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR ELECTRICITY.

EXHIBIT P3 TRUE COPY OF PETITION DATED 30.5.2012 SUBMITTED BY THE PETITIONER BEFORE THE HOME MINISTER

EXHIBIT P4 TRUE COPY OF LETTER DATED 10.9.2012 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT

EXHIBIT P5 TRUE COPY OF LETTER DATED 20.7.2015 ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT.

RESPONDENTS' EXHIBITS:

EXHIBIT R2A THE TRUECOPY OF THE SKETCH RELATING TO THE ELECTRIC CONNECTION PASSING THROUGH THE PETITIONERS PROPERTY