Abdul Salam vs The Additional District ...
2023 Latest Caselaw 8252 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
    THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                WP(C) NO. 25078 OF 2023
PETITIONER/S:

         ABDUL SALAM
         AGED 52 YEARS
         S/O. AVARAN, CHERANCHIRI HOUSE,
         SIDDIKKABAD,PERUVALLUR P.O., TIRURANGADI
         TALUK,MALAPPURAM DISTRICT, PIN - 673638
         BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

   1     THE ADDITIONAL DISTRICT MAGISTRATE,
         MALAPPURAM,
         COLLECTORATE, CIVIL STATION, UP HILL,
         MALAPPURAM P.O., PIN - 676505
   2     KERALA STATE ELECTRICITY BOARD
         VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
         REPRESENTED BY ITS CHAIRMAN., PIN - 695004
   3     THE DIVISIONAL EXECUTIVE ENGINEER,
         KSEB OFFICE, VENNIYUR P.O., MALAPPURAM
         DISTRICT, PIN - 676508
   4     THE ASSISTANT EXECUTIVE ENGINEER,
         KSEB OFFICE, KUNNUMPURAM, KUNNUMPURAM P.O.,
         MALAPPURAM DISTRICT, PIN - 676305
   5     PERUVALLUR GRAMA PANCHAYATH,
         PANCHAYATH OFFICE, PARAMBILPEEDIKA,
         PERUVALLUR, MALAPPURAM DISTRICT REP.BY ITS
         SECRETARY, PIN - 676317

         BY SMT.PARVATHY - G.P.
         BY SRI. A ARUNKUMAR - SC

    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 01.08.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.25078/2023
                                         2



                  MURALI PURUSHOTHAMAN, J.
             ---------------------------------------------
                    W.P.(C) No.25078 of 2023
           -------------------------------------------------
               Dated this the 1st day of August, 2023


                                JUDGMENT

The petitioner is the owner of 4.5 cents of land and a

residential building therein within the jurisdiction of 5 th

respondent Grama Panchayat. He states that the Kerala

State Electricity Board is taking steps to install a transformer

abutting his property posing danger to the inmates of his

house. Therefore, he preferred Exts.P2 and P3

representations before respondents 3 and 4 respectively.

However, no action has been taken thereon and the KSEB is

proceeding with the installation of the transformer.

Accordingly, the petitioner has approached this Court for a

direction to respondents 2 to 5 not to install the transformer

abutting the residential house of the petitioner.

2. Heard the learned counsel for the petitioner and the

learned standing counsel for the Electricity Board. W.P.(C) No.25078/2023

3. The learned Standing counsel for the KSEB, on

instructions, submits that the installation of the transformer is

already over and what remains is only energizing the same.

It is further submitted that the transformer is installed in the

property surrendered to the Panchayat by one Sharafudheen.

Since Ext.P3 representation is pending before the 4 th

respondent, there will be a direction to the 4 th respondent to

consider the same after hearing the petitioner and the

Secretary of the Panchayat concerned and any other affected

persons within a period of one month from the date of receipt

of a certified copy of this judgment. In case, the 4th

respondent finds that the complaint of the petitioner is

genuine, necessary steps to relocate the transformer shall be

taken.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

W.P.(C) No.25078/2023

APPENDIX OF WP(C) 25078/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF BASIC TAX RECEIPT ISSUED BY THE PERUVALLUR VILLAGE DATED 27.11.2021 Exhibit P2 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 11.04.2023 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 11.04.2023