Ramesan.M vs Kerala State Electricity Board ...
2022 Latest Caselaw 8508 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                       WP(C) NO. 22026 OF 2022
PETITIONER:

          RAMESAN.M,
          AGED 64 YEARS,
          S/O.MADHAVAHEGDEN, AGED 64 YEARS,
          THOPPIL HOUSE, 8TH MILE, ANAKKARA, IDUKKI-685 512.

          BY ADVS.
          C.AJITH KUMAR
          P.PREETHA


RESPONDENTS:

    1     KERALA STATE ELECTRICITY BOARD LTD,
          VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.

    2     KERALA STATE ELECTRICITY BOARD LTD.,
          OFFICE OF THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION,
          KATTAPPANA-685 508,
          REPRESENTED BY ITS EXECUTIVE ENGINEER.

    3     KERALA STATE ELECTRICITY BOARD LTD.,
          OFFICE OF THE ASSISTANT ENGINEER, ELECTRICAL SECTION,
          ANAKKARA-685 512,
          REPRESENTED BY ITS ASSISTANT ENGINEER.



          BY ADV.
          SRI JOSWIN THAMBI KUNNATH, SC, KSEB


     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. 22026 OF 2022
                               -2-



                          JUDGMENT

Order Ext.P9 is sought to be interdicted by this

Court under Article 226 of the Constitution of India.

Petitioner is a disabled person and had purchased 17

cents of land situated in Anakkara Village,

Udumbanchola Taluk, Idukki District where already a 11

KV electric line of Kerala State Electricity Board

(hereinafter referred to as 'the KSEB', for short) was

passing through.

2. A request was made to the Commissioner,

Commissionerate of Disabled Person,

Thiruvananthapuram for removal of the line as the

electricity department was insisting for a payment of

Rs.3,76,000/- as the cost. In the proceedings before the

Commission, by taking into consideration the disability of

the petitioner a concession amount was offered i.e., a

sum of Rs.1,88,708/- (Rupees one lakh eighty eight

thousand seven hundred and eight only) to be deposited WP(C) NO. 22026 OF 2022

and direction was issued to remove the line from the

premises of the petitioner within a period of sixty days.

Though the period of sixty days has not expired, the

petitioner has assailed the communication dated

28.06.2022 Ext.P9 whereby the Assistant Engineer of the

Electricity communicated to the petitioner that the line

would be removed from the property of the petitioner

and installed on the boundary in case the amount is

deposited.

3. Learned counsel for the petitioner submits that

the order of the Commission amounted to complete

removal of the 11KV line and not in the manner and

mode as justified by the KSEB.

4. I am afraid that the aforementioned argument

cannot be accepted as the order no way directs that it

has to be in the manner and mode as being suggested by

the petitioner. Petitioner was well aware of the existing

line at the time of purchase of the property. Since the WP(C) NO. 22026 OF 2022

request has been accepted the petitioner is directed to

deposit the concession amount of Rs.1,88,708/-. In case

of such deposit by the petitioner, the electricity

department will abide by the undertaking given in the

letter dated 28.06.2022 by removing the line from the

premises as suggested in the aforementioned letter.

I do not find any illegality or perversity or

misdirection of the order of the Commission in the

communication dated 28.06.2022 Ext.P9. Writ petition

sans merit. Accordingly dismissed.

Sd/-

AMIT RAWAL JUDGE vv WP(C) NO. 22026 OF 2022

APPENDIX OF WP(C) 22026/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE NO.75/2020 ISSUED BY DISTRICT MEDICAL BOARD, IDUKKI

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 23/02/2021 SUBMITTED BY THE PETITIONER TO THE COMMISSIONER, COMMISSIONERATE OF DISABLED PERSON, SASTHAMANGALAM, THIRUVANANTHAPURAM

Exhibit P3 TRUE COPY OF ORDER IN OP(RPWD) NO.892/S2/2021 DATED 20/05/2022 PASSED BY STATE COMMISSIONER FOR PERSONS WITH DISABILITIES, SASTHAMANGALAM, THIRUVANANTHAPURAM

Exhibit P4 TRUE COPY OF THE ORDER DATED 16/06/2022 ISSUED BY THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE LETTER DATED 18/06/2022 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P6 TRUE COPY OF THE LETTER DATED 22/06/2022 ISSUED BY 3RD RESPONDENT TO THE PETITIONER

Exhibit P7 TRUE COPY OF THE LETTER DATED 24/06/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 24/06/2022 SUBMITTED BY PETITIONER TO THE 3RD RESPONDENT WP(C) NO. 22026 OF 2022

Exhibit P9 TRUE COPY OF THE LETTER DATED 28/06/2022 ISSUED BY 3RD RESPONDENT TO THE PETITIONER

Exhibit P10 TRUE COPY OF THE LETTER DATED 30/06/2022 SUBMITTED BY PETITIONER TO THE 3RD RESPONDENT

Exhibit P11 TRUE COPY OF THE ROUGH SKETCH SHOWING THE PROPERTY OF THE PETITIONER AND ADJACENT PROPERTY