Shiny Varghese vs State Of Kerala
2022 Latest Caselaw 9737 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                       WP(C) NO. 26985 OF 2022
PETITIONER:

            SHINY VARGHESE
            W/O.CHACKO VARGHESE, AGED 53 YEARS
            FLAT NO.10, NAV ASHUTOSH CHS LTD., GOPAL NAGAR,
            LANE NO.1, DOMBIVLI EAST, THANE, MAHARASHTRA,
            PIN 421201 NOW RESIDING AT AYMANAMTHARAYIL,
            MUTTAMBALAM P.O, KOTTAYAM, PIN - 686004

            BY ADVS.
            A.C.KURIAKOSE
            K.G.Sarath Kumar



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            POWER DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    2       THE CHAIRMAN KSEB
            VYDYUTHI BHAVANAM, PATTOM,
            THIRUVANATHAPURAM, PIN - 695004

    3       THE ASSISTANT ENGINEER
            KSEB ELECTRICAL SECTION, PUTHUPALLY,
            KOTTAYAM, PIN - 686011


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.26985/2022
                                   2



                              JUDGMENT

The petitioner is the owner of 10 cents of land comprised

in Sy.No.192/2-2-1 situated in Vijaypuram Village, Kottayam

Taluk and Kottayam District. Petitioner has been paying land

tax as evident from the receipt Ext.P1 and obtained a permit

from the concerned Grama Panchayat for construction of

residential building vide Ext.P4 dated 4.2.2022. The Assistant

Engineer, KSEB Electrical Section, Puthupally, respondent No.3

has drawn an electric supply line by placing the electric post

unscientifically causing obstruction to the entry of the proposed

building as well as ongoing construction inasmuch as that the

stay wire from the post is put right in the middle of the building

and the factum of the same is evident from photograph of

Ext.P3 and the site plan. In this regard Ext.P5 request dated

8.7.2022 has been submitted to respondent No.3, but no action

has been taken.

2. Issue notice before admission. Learned Government

Pleader accepts notice for the respondents and submits that

they would not be averse in taking a call.

Without expressing any opinion on the merits of the WP(C) No.26985/2022

matter, I dispose of the Writ Petition by issuing directions to

respondent No.3 to take a call on the representation of the

petitioner dated 8.7.2022 Ext.P5 requesting to remove the

electric post causing obstruction to the ongoing construction, as

expeditiously as possible in accordance with law after affording

an opportunity of hearing, within a period of 30 days from the

date of receipt of a certified copy of the judgment.

Sd/-

AMIT RAWAL JUDGE csl WP(C) No.26985/2022

APPENDIX OF WP(C) 26985/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT NO.SC2-

BA(43366)/2022 DT.4/2/2022

Exhibit P3 TRUE COPY OF THE SKETCH SHOWING THE POSITION OF ELECTRIC POST

Exhibit P4 TRUE COPY OF THE PHOTOGRAPH SHOWING THE ELECTRIC POLE AND THE STAY WIRE OBSTRUCTING THE FURTHER CONSTRUCTION

Exhibit P5 TRUE COPY OF THE REPRESENTATION DT.

08/07/2022 BEFORE THE 3RD RESPONDENT TO REMOVE THE POST AND STAY WIRE