Kerala High Court
Alphonse Arockiaraj M vs The Additional District ... on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 17541 OF 2021
PETITIONER:
ALPHONSE AROCKIARAJ M
AGED 42 YEARS
S/O. MADALAMUTHU,
RESIDING AT PALAKKATTOOR,
NEELIPPARA, KOZHIPPARA P.O., PALAKKAD-678 557
BY ADVS.
K.T.THOMAS
MATHEW B. KURIAN
RESPONDENTS:
1 THE ADDITIONAL DISTRICT MAGISTRATE
CIVIL STATION, PALAKKAD-678 001
2 THE ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION,
KERALA STATE ELECTRICITY BOARD LTD,
KANJIKODE, PALAKKAD-678 621
3 PUDUSSERY GRAMA PANCHAYATH,
PANCHAYATH OFFICE, PUDUSSERY, PALAKKAD-678 623,.
REPRESENTED BY ITS SECRETARY
4 M.RAFI,
AGED 50 YEARS
S/O. A.MOHAMMED, RESIDING AT N.M.MANZIL,
CHETTIYAR STREET, CHANDRAPURAM,
WALAYAR P.O.,PALAKKAD-678 624
5 NASEEMA
AGED 44 YEARS
W/O.M.RAFI, RESIDING AT N.M.MANZIL,
CHETTIYAR STREET, CHANDRAPURAM,
WALAYAR P.O.,PALAKKAD-678 624
BY ADVS.
SHRI.BABU JOSEPH KURUVATHAZHA,SC
SRI.T.V.GEORGE
SRI.B.S.SYAMANTHAK, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021,
ALONG WITH WP(C).15805/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17541 OF 2021 AND Con.case
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 15805 OF 2021
PETITIONERS:
1 SANDHYAVU
AGED 76 YEARS
D/O.DORAISWAMY,
RESIDING AT KANNUVADIYAR VEEDU,
CHANDRAPURAM, WALAYAR P.O.,
PALAKKAD DISTRICT, PIN-678 624.
2 ALBERT WILLIAM,
AGED 45 YEARS
S/O.MUTHUSWAMY,
RESIDING AT KANNUVADIYAR VEEDU,
CHANDRAPURAM, WALAYAR P.O.,
PALAKKAD DISTRICT, PIN-678 624.
BY ADVS.
JACOB SEBASTIAN
K.V.WINSTON
RESPONDENTS:
1 PUDUSSERY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
PUDUSSERY, PALAKKAD DISTRICT, PIN-678 623.
2 THE ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION,
KERALA STATE ELECTRICITY BOARD LTD.,
KANJIKODE, PALAKKAD DISTRICT, PIN-678 621.
3 M.RAFI,
AGED 50 YEARS
S/O.A.MOHAMMED, RESIDING AT N.M.MANZIL,
CHETTIYAR STREET, CHANDRAPURAM,
WALAYAR P.O., PALAKKAD DISTRICT, PIN-678 624.
4 NASEEMA,
AGED 44 YEARS
W/O.M.RAFI, RESIDING AT N.M.MANZIL,
CHETTIYAR STREET, CHANDRAPURAM,
WALAYAR P.O., PALAKKAD DISTRICT, PIN-678 624.
WP(C) NO. 17541 OF 2021 AND Con.case
3
5 THE ADDITIONAL DISTRICT MAGISTRATE,
PALAKKAD, CIVIL STATION, PALAKKAD-678 001.
6 ADDL.R6. MARY VASANTHA,
W/O.LATE PAUL RAJ XAVIER, AGED 54 YEARS,
KANNIVADIYI, PAMPUPARA KARA,
WALAYAR DAM P.O, PALAKKAD - 678 624
7 ADDL.R7. SALOMI,
W/O.LATE ANTONY MADALA DAS, AGED 53 YEARS,
KANNIVADIYIL, PAMPUPARA KARA,
WALAYAR DAM P.O, PALAKKAD - 678 624
ADDITIONAL R6 AND R7 ARE IMPLEADED AS PER ORDER DATED
26.08.2021 IN IA.NO.1/2021 IN WP(C) NO.15805/2021
BY ADVS.
SHRI.BABU JOSEPH KURUVATHAZHA,SC
K.K.JOHN
T.V.GEORGE
ASISH K.JOHN
SRI.B.S.SYAMANTHAK, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021,
ALONG WITH WP(C).17541/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17541 OF 2021 AND Con.case
4
T.R.RAVI, J.
----------------------------------------
WP(C) NO.17541 OF 2021 &
WP(C) NO.15805 of 2021
-------------------------------------------
Dated this the 25th day of November , 2021
JUDGMENT
The issues involved in both these writ petitions are
similar and hence they are disposed of by a common
judgment. The petitioners own properties to the North of
Pampupara Sivasakthi Road in Puthussery Grama Panchayat
and they are aggrieved by an attempt to draw electric line
through their properties under the guise that the same is
being done in a public road vested with the Panchayat. There
are disputes which are pending before the Additional Munsiff
Court, Palakkad in OS.No.42/2021 regarding attempts to cut
open a path way through the plot of the petitioners in
WP(C)No.15805/2021, and it is stated that the learned
Munsiff has granted an order of injunction restraining
respondents 3 and 4 in the said petition and their associates
from trespassing into the petitioners plot.
I am not going into the details of the civil dispute since
the same has to be taken to its logical end before the Civil
WP(C) NO. 17541 OF 2021 AND Con.case
Court. As far as the issue involved in these cases are
concerned, it appears that the Panchayat had made a
request on the basis of a demand from the neighboring
owners of land to draw single phase three wire electric line
up to 90 metres for the purpose of putting a street light to
the North of Pampupara Sivasakthi Road. The request was
placed before the Electricity Board and when the work was
started, the same was objected by the petitioners stating
that the attempts is to draw line through their properties.
The matter was taken up before the ADM and a writ petition
had also been filed before this Court seeking to speedy
disposal of the proceedings before the ADM. It is submitted
that the proceedings before the ADM are still pending. The
issue which this Court is addressing is only regarding the
correctness of drawing electric line to a private property
under the guise of electrification of a public road. The
counsel for the Panchayat has placed an additional
statement, in which it is clearly stated that the electrification
for the 90 metres was purely on the request of the private
individuals and it would appear that it has nothing to do with
the electrification of the Pampupara Sivasakthi Road since
the said portion does not form part of this road. As such,
WP(C) NO. 17541 OF 2021 AND Con.case
interest of justice will be served if these writ petitions are
disposed of making it clear that the electrification which has
been initiated at the instance of the Panchayat shall be
strictly restricted to the Pampupara Sivasakthi Road alone
and if there is any requirement for drawing lines to the
private properties, the same can be done only in accordance
with law and cannot be made part of this project. The
proceedings before the ADM shall be completed after
hearing all the affected parties and having regard to the
orders passed by this Court in these writ petitions.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 17541 OF 2021 AND Con.case
APPENDIX OF WP(C) 17541/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
15.08.2021 ISSUED BY VILLAGE OFFICER,
PUTHUSSERY EAST VILLAGE
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
03.08.2021 ISSUED BY VILLAGE OFFICER,
PUTHUSSERY EAST VILLAGE
Exhibit P3 TRUE COPY OF DEATH CERTIFICATE DATED 02.08.2021
ISSUED BY PUDUSSERY GRAMA PANCHAYAT OF
JAYASEELI
Exhibit P4 TRUE COPY OF DEATH CERTIFICATE DATED 06.05.2021
ISSUED BY PUDUSSERY GRAMA PANCHAYAT OF
MADALAMUTHU
Exhibit P5 TRUE COPY OF RELATIONSHIP CERTIFICATE DATED
03.08.2021 ISSUED BY VADAKKARAPATHI VILLAGE
OFFICE
Exhibit P6 TRUE COPY OF INTERIM ORDER DATED 05.08.2021 IN
WPC NO.15805/2021
Exhibit P7 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE
VILLAGE OFFICER, PUDUSSERY EAST.
RESPONDENT'S EXHIBITS NIL
WP(C) NO. 17541 OF 2021 AND Con.case
APPENDIX OF WP(C) 15805/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
OCTOBER 18, 2020 ISSUED BY THE VILLAGE OFFICER,
PUDUSSERY EAST VILLAGE.
Exhibit P2 A TRUE COPY OF THE ORDER DATED JANUARY 19, 2021
IN I.A.NO.173/2021 IN O.S.NO.42/2021 OF THE
COURT OF THE MUNSIFF (ADDITIONAL), PALAKKAD.
Exhibit P3 A TRUE COPY OF THE REPORT SUBMITTED BY THE
ADVOCATE COMMISSIONER DEPUTED IN
I.A.NO.174/2021 IN O.S. NO.42/2021 DATED
FEBRUARY 2, 2021.
Exhibit P4 A TRUE COPY OF THE ORDER DATED JANUARY 30, 2021
IN I.A.NO.251/2021 IN O.S.NO.57/2021 OF THE
COURT OF THE MUNSIFF (ADDITIONAL), PALAKKAD.
Exhibit P5 A TRUE COPY OF THE NOTICE DATED JUNE 25, 2021
ISSUED FROM THE OFFICE OF THE FIFTH RESPONDENT.
Exhibit P6 A TRUE COPY OF THE LETTER DATED JULY 30, 2021
SUBMITTED BY THE FIRST PETITIONER TO THE FIRST
RESPONDENT.
Exhibit P7 A TRUE COPY OF THE OBJECTIONS SUBMITTED BY THE
PETITIONERS BEFORE THE FIFTH RESPONDENT DATED
JULY 5, 2021.
Exhibit P8 A TRUE COPY OF THE LOCATION SKETCH DATED 10
SEPTEMBER 2021 ISSUED BY THE VILLAGE OFFICER,
PUDUSSERY EAST VILLAGE.
RESPONDENT'S EXHIBITS
Annexure R1(a) TRUE COPY OF THE STATEMENT NO.A1-7054/2021
DATED 2.9.2021 FORWARDED BY THE SECRETARY OF
THE 1ST RESPONDENT
Annexure R1(b) TRUE COPY OF THE STATEMENT ENCLOED ALONG WITH
ANNEXURE -R1(A)
Annexure R1(c) TRUE COPY OF THE RELEVANT PAGE OF THE ASSET
REGISTER OF PUDUSSERY GRAMA PANCHAYAT ENCLOSED
ALONG WITH ANNEXURE -R1(C)
WP(C) NO. 17541 OF 2021 AND Con.case
Exhibit R6(a) TRUE COPY OF JUDGMENT DATED 23.7.2021 IN WP(C)
NO.14152/21 OF THIS HON'BLE COURT
Exhibit R6(a) TRUE COPY OF PHOTOGRAPH SHOWING THE PRESENT LIE
OF THE ELECTRIC POST ON THE PANCHAYAT ROAD
Exhibit R6(b) TRUE COPY OF JUDGMENT DATED 23.7.2021 IN
WP(C)NO.14152/21 OF THIS HOB'BLE COURT.
ANNEXURE -R1(d) TRUE COPY OF THE STATEMENT NO.A1-7054/2021
DATED 23.11.2021 FORWARDED BY THE SECRETARY TO
THE 1ST RESPONDENT
//TRUE COPY// PA TO JUDGE
