Smitha vs Kerala State Electricity Board
2022 Latest Caselaw 4883 Ker

               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
                       W.P.(C) NO.14802 OF 2022
PETITIONERS:

    1       SMITHA,
            AGED 42 YEARS, W/O.UTHAMAN,
            UTHOOS, AITHOTUVA MURI,
            PADINJAREKALLADA P.O., KUNNATHOOR TALUK,
            KOLLAM-690 543.

    2       LEENA VAMAKSHAN,
            AGED 55 YEARS, W/O.D VAMAKSHAN,
            LEENA BHAVANAM,
            VALIYAPADAM, PADINJAREKKALADA P.O.,
            KUNATHOOR TALUK, KOLLAM-690 543.

    3       MANJU VAMAKSHAN,
            AGED 36 YEARS, D/O.VAMAKSHAN,
            LEENA BHAVANAM,
            VALIYAPADAM, PADINJAREKKALLADA P.O.,
            KUNATHOOR TALUK, KOLLAM-690 543.

            BY ADV. C.RAJENDRAN

RESPONDENTS:

    1       KERALA STATE ELECTRICITY BOARD
            REPRESENTED BY ITS CHAIRMAN,
            VYDYUTHI BHAVAN, PATTOM P.O.,
            THIRUVANANTHAPURAM-695 004.
    2       CHIEF ENGINEER,
            KSEB, VYDYTHI BHAVAN, PATTOM P.O.,
            THIRUVANANTHAPURAM-695 004.

    3       THE DEPUTY CHIEF ENGINEER,
            KERALA STATE ELECTRICITY BOARD KOLLAM CIRCLE,
            YMCA ROAD, KARBALA, KOLLAM, KERALA-691 001.

    4       EXECUTIVE ENGINEER,
            KSEB, KARUNGAPPALLY, KOLLAM-690 518.
    5       ASSISTANT EXECUTIVE ENGINEER,
            KSEB LIMITED, ELECTRICAL SUB DIVISION,
            SASTHAMCOTTA, KOLLAM-690 521.
                                 -2-
W.P.(C) NO.14802 OF 2022

     6      PADINJAREKALLADA GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY,
            PADINJARE KALLADA P.O., KUNNATHOOR TALUK,
            KOLLAM-690 543.

     7      THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR,
            CIVIL STATION, COLLECTORATE P.O.,
            KOLLAM-691 013.

    R7      SMT. VINITHA V., SENIOR GOVERNMENT PLEADER

   R1-R5    SRI. B. PREMOD, STANDING COUNSEL, KSEBL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                -3-
W.P.(C) NO.14802 OF 2022


                           JUDGMENT

The petitioners claiming to be owners of 8 1/2 cents (3

Ares 40 Square Meters) comprised in Survey No.204/11-2,

9.30 cents in Survey No.204/10 and 8.50 Ares (21.50 cents) in

Survey Nos.204/11 and 204/9 of Padinjarekallada Village

respectively, are aggrieved by the attempt on the part of

respondents 4 and 5 to shift a transformer to the entry point of

their properties from the existing position. Ext.P4 is the

complaint made to the Assistant Executive Engineer, the 5 th

respondent herein, which has been acknowledged by him on

21.04.2022. The petitioners state that in spite of the objection,

the dispute is not referred to the District Magistrate.

2. I have heard the learned counsel for the petitioners

as well as the learned Standing Counsel for the Board.

3. Having considered the facts and circumstances of

the case, there will be a direction to the 5th respondent to take

up Ext.P4, with notice to the 6th respondent and take

appropriate action in accordance with law, within a period of

six weeks from today. Till orders are passed on Ext.P4,

W.P.(C) NO.14802 OF 2022

status quo as on today will be maintained regarding the

shifting of transformer.

The writ petition is disposed of accordingly.

Sd/-

MOHAMMED NIAS C.P.

JUDGE bpr

W.P.(C) NO.14802 OF 2022

APPENDIX PETITIONERS' EXHIBITS

EXHIBIT P1 A TRUE PHOTOGRAPH OF THE PANCHAYATH OFFICE BUILDING WITH THE TRANSFORMER IN FRONT OF IT.

EXHIBIT P2 A TRUE PHOTOGRAPH OF THE PETITIONER'S PROPERTY AND THE BUILDING UNDER CONSTRUCTION.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONERS TO THE KERALA ELECTRICITY MINISTER DATED 20/04/2022.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONERS TO THE ASSISTANT EXECUTIVE ENGINEER SASTHAMCOTTA DATED 21/04/2022.