Sreedharan. P.G vs State Of Kerala
2022 Latest Caselaw 4838 Ker

WP(C) No.14467/2022                           1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
              Friday, the 29th day of April 2022 / 9th Vaisakha, 1944
                            WP(C) NO. 14467 OF 2022(G)
   PETITIONER:

          SREEDHARAN. P.G., AGED 70 YEARS, S/O.GOVINDAN NAIR, PARAMBAKKATTU
          HOUSE, NELLIKUZHY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686
          691.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.
      2. NELLIKUZHY GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY,NELLIKUZHY
         P.O,KOTHAMANGALAM-686 691
      3. MUHAMMED HASHIM,SECRETARY,NELLIKUZHY GRAMA PANCHAYAT, NELLIKUZHY
         P.O,KOTHAMANGALAM-686 691
      4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL DEPARTMENT,
         KOTHAMANGALAM NO.1 SECTION, KOTHAMANGALAM-686 691.
      5. ANOOP PURUSHOTHAMAN, AGED 29 YEARS S/O.PURUSHOTHAMAN NAIR, ULLANATTU
         HOUSE, MEKKEDAMPU P.O., MOOVATTUPUZHA, ERNAKULAM-682 316.
      6. PURUSHOTHAMAN NAIR, AGED 66 YEARS S/O.GOVINDAN NAIR, ULLANATTU
         HOUSE, MEKKEDAMPU P.O., MOOVATTPUZHA, ERNAKULAM-682 316.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay Ext-P8 and also direct the 4th respondent Assitant
   Executive Engineer, KSEB not to give permanent electricity connection to
   the building under construction by the 5th and 6th respondents unless and
   until they pay the compensation as ordered in Exhibit P3 in pursuant to
   Exhibit P4 report of the technical expert committed in compliance with
   Rule 10(11) of KPBR, 2019, during the pendency of the above Writ Petition
   (Civil).
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.PEEYUS A.KOTTAM Advocate for the petitioner, GOVERNMENT PLEADER for R1
   and of STANDING COUNSEL for R2, the court passed the following:
                                      ORDER

Respondents to file counter affidavit.

Post on 24-05-2022.

Till then, there will be an interim order as prayed for.

                                                    Sd/- MOHAMMED NIAS C.P. JUDGE




29-04-2022                      /True Copy/                               Assistant Registrar
 WP(C) No.14467/2022                 2/2

                       APPENDIX OF WP(C) 14467/2022
Exhibit P3            THE TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY DATED

06.08.2021 ISSUED TO 5TH RESPONDENT DIRECTING THEM TO REMIT AN AMOUNT OF RS.7,51,330/-

Exhibit P4 TRUE COPY OF THE REPORT SUBMITTED BY THE TECHICAL EXPERT COMMITTEE AS PER THE DIRECTION IN EXT-P2 JUDGMENT Exhibit P8 THE TRUE COPY OF THE REGULARIZATION ORDER ISSUED BY THE 3RD RESPONDENT DUE TO EXTRANEOUS CONSIDERATION AND IN BLATANT VIOLATION OF PROVISIONS OF KERALA PANCHAYAT BUILDING RULES AS WELL AS THE ORDER OF THE TRIBUNAL AND STOP MEMO ISSUED BY THE PANCHAYAT.