Kerala High Court
Rafeek Alias Rafeek Kunji vs The Additional District ... on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
WEDNESDAY, THE 6 DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 28138 OF 2021
PETITIONER:
RAFEEK ALIAS RAFEEK KUNJI
AGED 45 YEARS
S/O KUNJUMOHAMMED,
OTHIYIL HOUSE, VAZHAKULAM P O,
VAHAKULAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE ADDITIONAL DISTRICT MAGISTRATE (ADM)
ERNAKULAM , CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
2 THE ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY
BOARD, PERUMBAVUR, ERNAKULAM, PIN-683542.
3 SAJITHA SAIDU MUHAMMED
AGED ABOUT 46 YEARS
W/O SAIDU MUHAMMED, ARIMBASSERY HOUSE,
CHEMBARAKKI, SOUTH VAZHAKULAM,
PIN-683105, ERNAKULAM DISTRICT.
4 LOCAL LEVEL MONITORING COMMITTEE
VAZHAKKULAM, REPRESENTED BY ITS CONVENOR,
AGRICULTURAL OFFICER, VAZHAKULAM,
ERNAKULAM DISTRICT, PIN-683105.
5 THE VILLAGE OFFICER
VAZHAKULAM VILLAGE, ERNAKULAM DISTRICT, PIN-683105.
6 THE DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
WP(C) No.28138/2021 2
7 SOUTH VAZHAKULAM GRAMA PANCHAYATH,
ERNAKULAM DISTRICT, PIN-686670,
REPRESENTED BY ITS SECRETARY.
8 THE SECRETARY
SOUTH VAZHAKULAM GRAMA PANCHAYATH,
ERNAKULAM DISTRICT, PIN-686670,
BY ADVS.
O.B.NASSEER
DEEPAK RAJ
M.S.DILEEP(K/1123/2009)
C.P.ROOPA(K/000134/2015)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.28138/2021 3
JUDGMENT
Order Ext.P4 dated 23.11.2021 of the Additional District
Magistrate allowing the electric connection to respondent No.3 by
drawing 42 mtr. of LT Single phase OH line from the existing LT
line in between post No.CK 21/21/3 and CK 21/21/4 after fixing
post A to post B as per the sketch plan by rejecting the complaint
of the petitioner has been challenged in the present Writ Petition.
2. The petitioner is alleged to be owner in possession of a
property having extent of 18.80 Ares comprised in S.No.467/8 of
Vazhakkulam Village, Kunnathunadu Taluk and had been paying
tax to the concerned department which is evident from Ext.P1. The
property of the petitioner is 'nilam' in the records of the Village and
had left a portion of the property in front of the plot for ingress and
egress. The third respondent is a relative of the petitioner who is
also the owner of the property adjacent to the land of the petitioner
comprised in S.No.467/9 which is classified as 'paddy land' in the
revenue records and is about half a kilometre away from the
property of the petitioner. He constructed a farm house without
obtaining permission from the Panchayat and also submitted an
application for getting electric connection, to the Kerala State
Electricity Board. In the month of June 2021, officers of the
Electricity Board inspected the property in question. It was reliably
learnt that attempt was made to obtain the electric connection to
an unauthorizedly constructed building in a paddy land without
obtaining permission from the Panchayat. Petitioner and other local
persons obstructed the action of the KSEB in allowing the laying of
the electric connection to the property of the 3 rd respondent by
rejecting the objection Ext.P3.
3. Learned counsel appearing on behalf of the petitioner
submitted that the ADM has passed the order without noticing the
fact that no permission has been obtained from any Authority for
construction like licence or permit from the Panchayat or from the
revenue record converting the paddy land into other land. The first
respondent did not consider, that the residential house of the 3 rd
respondent is far away from the construction in the paddy field
situated more than half km away from the shed for which the
electric connection is being sought. No sight inspection on the
property before passing of the order was conducted by the ADM
neither any license as per the provisions of Section 27A of the
Kerala Conservation of Paddy Land and Wet Land Act, 2008 has
been obtained, though application is stated to be pending.
4. On the other hand, counsel for the third respondent
submitted that the third respondent is running a small scale cattle
farm and carrying on the agricultural activities more than two
decades. Agricultural officer has already been approached for
getting the information related to the land as per Ext.R3(b). Form
6 before the jurisdictional Revenue Divisional Officer for change of
nature of the land by remitting the requisite fee has been
submitted as evident from Ext.R3(c). The third respondent is
suffering from 80% of physical and mental disabilities as per the
certificate Ext.R3(d). An application was also submitted to the
concerned Station House Officer by registering an FIR in Crime
No.21 of 2020 of Thadiyattaparamba Police Station on account of
the physical assault.
5. Learned Standing Counsel for the Electricity Board
submitted that the connection is not going through the property of
the petitioner and it is being supplied from the existing pole and
existing LT line to the property of respondent No.3.
6. I have heard the counsel for the parties and appraised
the paper book and of the view that there is no force or merit as
the order of the ADM is based upon the inspection site and the site
plan. The site plan Ext.P4 reveals that from CK-21/21/3, an
electric line is being supplied to the property of respondent No.3
and from the same very pole it is being also supplied to CK-
21/21/4 i.e., existing LT line. There is no bar under the Kerala
Conservation of Paddy Land and Wet Land Act, 2008 for issuance of
the electric connection to the property. If the application for
change of the land is pending, it is the competence of the Revenue
Authorities to consider such request, but for running an agricultural
activity i.e., the diary farm, electricity supply is sine qua non which
cannot be denied in the manner and mode as objected to by the
petitioner. The petitioner has already been given permission to
submit an objection to the Revenue Divisional officer in connection
with the construction of the building.
Writ Petition sans merit and it is accordingly dismissed.
Sd/-
AMIT RAWAL
JUDGE
csl
APPENDIX OF WP(C) 28138/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 27.11.2021
ISSUED BY THE FIFTH RESPONDENT IN THE NAME OF
DECEASED FATHER OF PETITIONER.
Exhibit P2 TRUE COPY OF THE THANDAPPER ACCOUNT IN
CONNECTION WITH THE PROPERTY OF PETITIONER
DATED 3.12.2021 ISSUED BY THE FIFTH RESPONDENT
IN THE NAME OF DECEASED FATHER OF PETITIONER.
Exhibit P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER DATED 23.11.2021 ISSUED
BY THE FIRST RESPONDENT.
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 4.12.2021
SUBMITTED BY THE PETITIONER BEFORE THE SIXTH
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 6.12.2021 ISSUED
FROM THE OFFICE OF THE SIXTH RESPONDENT.
RESPONDENTS' EXHIBITS
Exhibit R3(a) TRUE COPY OF DOCUMENT NO.3733/97 OF THE
PERUMBAVOOR SUB REGISTRAR OFFICE DATED
12.8.1997
Exhibit R3(b) TRUE COPY OF THE RELEVANT PORTION OF THE DRAFT
DATA BANK MAINTAINED BY THE AGRICULTURAL
OFFICE, VAZHAKULAM
Exhibit R3(c) TRUE COPY OF FORUM 6 APPLICATION DATED 2.4.2022
SUBMITTED BEFORE THE JURISDICTIONAL REVENUE
DIVISIONAL OFFICER
Exhibit R3(d) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY
THE SUPERINTENDENT, DISTRICT HOSPITAL, ALUVA
DATED 4.4.2017.
Exhibit R3(e) TRUE COPY OF THE CERTIFICATE ISSUED BY THE
DAIRY DEVELOPMENT OFFICER, DAIRY DEVELOPMENT
DEPARTMENT, VAZHAKULAM DATED 26.4.21.
Exhibit R3(f) TRUE COPY OF THE RECEIPT DATED 2.12.2021 ISSUED
BY THE KERALA ELECTRICITY BOARD.
Exhibit R3(g) TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO.21/2020 OF THADIYATTAPARAMBA POLICE
STATION.
Exhibit R3(h) TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO.984/2021 OF THADIYATTAPARAMBA POLICE
STATION, ERNAKULAM.
