Amina vs The District Collector
2022 Latest Caselaw 5276 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
                          WP(C) NO. 14898 OF 2022
PETITIONER/S:

    1       AMINA
            AGED 75 YEARS
            W/O MUHAMMED,
            ADANGAMPURAM HOUSE,
            PATTARKULAM,
            NARUKULAM PO
            MANJERI, PIN - 676122

    2       HAIDAR ALI
            AGED 44 YEARS
            S/O MUHAMMED,
            ADANGAMPURAM HOUSE,
            PATTARKULAM,
            NARUKULAM PO
            MANJERI, PIN - 676122

            BY ADVS.
            N.ANAND
            RAJESH O.N.



RESPONDENT/S:

    1       THE DISTRICT COLLECTOR
            OFFICE OF THE DISTRICT COLLECTOR,
            CIVIL STATION,
            MALAPPURAM, PIN - 676505

    2       THE ADDITIONAL DISTRICT MAGISTRATE
            DISTRICT COLLECTORATE,
            MALAPPURAM CIVIL STATION,
            MALAPPURAM, PIN - 676505

    3       KERALA STATE ELECTRICITY BOARD - KSEB
            VYDYUTHI BHAVANAM,
            PATTOM,
            THIRUVANANTHAPURAM
            REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, PIN
            - 695004

    4       THE DEPUTY CHIEF ENGINEER
 WP(C)No.14898 /2022             2

            THE KERALA STATE ELECTRICITY BOARD LIMITED,
            CALICUT ROAD, VYDYUTHI BHAVANAM,
            MANJERI, PIN - 676121

     5      THE ASSISTANT ENGINEER
            THE KERALA STATE ELECTRICITY BOARD LIMITED,
            CALICUT ROADD, VYDYUTHI BHAVANAM,
            MANJERI, PIN - 676121

     6      M/S KAPS MOTORS PRIVATE LIMITED
            DOOR NO. 1/383,
            PAM BUILDING, KUNNAMANGALAM,
            KARANTHUR
            KOZHIKODE
            REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 673571

            FOR R1 AND R2 BY ADV. JOBY JOSEPH, PP

            FOR R3 TO R5 BY ADV.B.PREMOD, STANDING COUNSEL, KSEB


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.14898 /2022                  3

                                JUDGMENT

The petitioners are aggrieved by the shifting

of a transformer situated in the property of the

6th respondent to the property of the petitioners

herein. It is pointed out that, as against the

said proposal, the petitioners have submitted

Exhibit P7 petition before the 2nd respondent who

is the statutory authority to adjudicate on the

dispute relating to the same. The prayer sought

for by the petitioners is to direct the 2 nd

respondent to take up the said petition and

adjudicate upon the dispute involved therein and

to keep the implementation of the proposal until

the issue is decided by the 2nd respondent.

2. Heard the learned counsel for the

petitioners, the learned Standing Counsel for the

K.S.E.B and the learned Government Pleader for the

State.

3. Considering the nature of relief that has

been sought for, the notice to the 6th respondent

has been dispensed with.

4. In the facts and circumstances of the

case, I deem it appropriate to dispose of this

Writ Petition by directing the 2nd respondent to

consider and pass appropriate orders on Ext.P7

application after hearing all the affected parties

including the 6th respondent. In such

circumstances, this Writ Petition is disposed of

by directing the 2nd respondent to take a decision

on Ext.P7 application in accordance to law after

issuing notice to the affected parties and pass

orders thereon within a period of two months from

the date of receipt of a copy of this judgment.

Till a decision is taken, the implementation of

the said proposal shall be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

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APPENDIX OF WP(C) 14898/2022

PETITIONER EXHIBITS

Exhibit-P1: TRUE COPY OF THE TAX-PAID RECEIPT DATED 11.04.2022 IN RECEIPT NO.

KL10011804189/2022 ISSUED BY NARUKARA VILLAGE OFFICE

Exhibit-P2 TRUE COPY OF THE TAX PAID RECEIPT DATED 21.02.2018 ISSUED BY THE NARUKARA VILLAGE OFFICE IN RECEIPT NO. KL10011800859/2022

Exhibit-P3 PHOTOGRAPH OF THE TRANSFORMER NOW KEPT AT

Exhibit-P4 TRUE COPY OF THE COMPLAINT DATED 15.10.2021 PREFERRED BY PETITIONERS BEFORE RESPONDENT NO.1

Exhibit-P5 TRUE COPY OF THE COMMUNICATION DATED 26.12.2021 ISSUED BY RESPONDENT NO.1 TO RESPONDENT NO. 4 IN FILE NO.

DCMPM/12901/2021-E2

Exhibit-P6 PHOTOGRAPH OF THE CONSTRUCTIONS MADE BY RESPONDENTS 3 TO 5

Exhibit-P7 TRUE COPY OF THE COMPLAINT DATED 15.04.2022 PREFERRED BY PETITIONERS BEFORE

Exhibit-P8 TRUE COPY OF THE RECEIPT DATED 16.04.2022 ISSUED BY RESPONDENT NO. 2 IN NO. 541168/22/E2