Kerala High Court
Smitha T.S vs Kerala State Electricity Board - Kseb on 9 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
WP(C) NO. 13735 OF 2021
PETITIONER:
SMITHA T.S.
AGED 43 YEARS
W/O. SANTHOSH KUMAR, KUNNATHUVALAPPIL HOUSE,
VETTUKAD P. O., THRISSUR DIST., PIN - 680 014.
BY ADVS.
E.V.MOLY E.V
PUSHPARAJ.K.P(K/1098/2012)
RESPONDENT/S:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF JOINT REGISTRAR OF COOPERATIVE SOCIETIES,
AYYANTHOLE, THRISSUR, PIN - 680 003.
2 OLLUKKARA BLOCK KERALA STATE SERVICE PENSIONERS UNION
COOPERTIVE WELFARE SOCIETY LTD. - R.1448
PUTHUR P. O., THRISSUR DISTRICT, PIN - 680 014., REPRESENTED BY
ITS SECRETARY.
3 PUTHUR GRAMAPANCHAYATH
PUTHUR P. O., THRISSUR DISTRICT, PIN - 680 014, REPRESENTED BY
ITS SECRETARY.
BY ADVS. SRI. RIYAL
DEVASSY, GP
REJI GEORGE
SANTHOSH P.PODUVAL
NASEER MOIDU
BINOY DAVIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2024, ALONG WITH WP(C).3434/2022, 5565/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
WP(C) NO. 3434 OF 2022
PETITIONER:
SMITHA T.S
AGED 43 YEARS
W/O SANTHOSH KUMAR, KUNNATHUVALAPPIL HOUSE,
VETTUKAD.P.O, THRISSUR DISTRICT,
PIN-680 014.
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENTS:
1 PUTHUR GRAMA PANCHAYAT
REPRESNTED BY SECRETARY, PUTHUR.P.O, THRISSUR
DISTRICT,PIN-680 014.
2 THE SECRETARY
PUTHUR GRAMAPANCHAYATH, PUTHUR.P.O, THRISSUR
DISTRICT,PIN-680 014.
3 OLLUKKARA BLOCK KERALA STATE SERVICE
PENSIONERS ,
UNION COOPERATIVE WELFARE SOCIETY LTD-R.1448,
PUTHUR.P.O, THRISSUR DISTRICT, PIN-680
014, REPRESENTED BY ITS SECRETARY.
BY ADVS.
SANTHOSH P.PODUVAL
REJI GEORGE
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
3
BINOY DAVIS
SAISANKAR.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.04.2024, ALONG WITH WP(C).13735/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
WP(C) NO. 5565 OF 2022
PETITIONER:
SMITHA
AGED 40 YEARS
W/O.SANTHOSH KUMAR, KUNNATHUVALAPPIL,
CHERUKUNNU, PUTHUR VILLAGE, VETTUKAD.P.O,
PIN - 680 014, THRISSUR DISTRICT.
BY ADV E.V.MOLY
RESPONDENTS:
1 PUTHUR GRAMA PANCHAYAT
PUTHUR.P.O, THRISSUR, REPRESENTED BY ITS
SECRETARY-680 014.
2 OLLUKKARA BLOCK KERALA STATE SERVICE
PENSIONERS WELFARE CO-OPERATIVE SOCIETY
LTD.NO.R-1418,
PUTHUR.P.O, THRISSUR-680 014, REPRESENTED BY
ITS PRESIDENT
3 LOCAL SELF GOVERNMENT,
PUTHUR GRAMA PANCHAYATH, PUTHOOR.P.O,
THRISSUR-680 014, REPRESENTED BY ITS
SECRETARY.
BY ADVS. RIYAL DEVASSY, GP
SHRI.SANTHOSH P.PODUVAL, SC, PUTHUR GRAMA
PANCHAYAT
REJI GEORGE
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
5
NASEER MOIDU
BINOY DAVIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.04.2024, ALONG WITH WP(C).13735/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
WP(C) NO. 29438 OF 2021
PETITIONER:
SMITHA T.S.
AGED 43 YEARS
W/O SANTHOSH KUMAR, KUNNATHUVALAPPIL HOUSE,
VETTUKAD P.O, THRISSUR DIST, PIN 680 014
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
P.S.SIDHARTHAN
MAYA M.
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD - KSEB
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
VAIDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695 004
2 THE ELECTRICAL INSPECTOR
OFFICE OF THE ELECTRICAL INSPECTOR,
BELL MOUTH BUILDING, KURUPPAM ROAD,
THRISSUR, PIN - 680 001
3 ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SECTION, KSEB, PUTHUR,
THRISSUR DISTRICT, PIN - 680 014
4 ASSISTANT EXECUTIVE ENGINEER
KSEB, LINE MAINTENANCE SUB DIVISION,
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
7
CHALAKUDY, THRISSUR, PIN - 680 307
5 OLLUKKARA BLOCK KERALA STATE SERVICE
PENSIONERS UNION COOPERATIVE WELFARE
SOCIETY LTD R. 1448, PUTHUR P.O, THRISSUR
DISTRICT, PIN - 680 014 REPRESENTED BY ITS
SECRETARY
BY ADVS.
BINOY DAVIS
REJI GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.04.2024, ALONG WITH WP(C).13735/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
8
P.V.KUNHIKRISHNAN, J.
-----------------------------------------------------------
W.P.(C) Nos.13735 & 29438 of 2021 and
5565 & 3434 of 2022
-----------------------------------------------------------
Dated this the 09th day of April, 2024
JUDGMENT
All these writ petitions are connected and
therefore, I am disposing of these writ petitions by a
common order.
2. The main grievance of the petitioner is that
the contesting respondent namely Ollurkara Block
Kerala State Service Pensioners Union Co-operative
Welfare Society is conducting a Supermarket without
valid permit and there is illegal construction made by
the society. The petitioner is the owner of the
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
premises, which was given on lease to the Society. The
petitioner approached the Joint Registrar to take
action against the Society and also approached the
Electricity Board to disconnect the supply to the
Society's premises.
3. A reading of the prayers in these writ
petitions itself would show that, in effect the attempt of
the petitioner is to evict the Society from his building.
Already orders are passed by the Grama Panchayath
against unauthorized construction. In such
circumstances, the Panchayath will do the needful, in
accordance with law. Now, the learned counsel
appearing for the Society submitted that the
proceedings under Section 14 of the SURFAESI Act is
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
already initiated by the Bank and a symbolic
possession of the property is taken by the Bank. If
that be the case, the prayers in these writ petitions
need not be considered by this Court, at this stage. If
the proceedings under the SURFAESI Act is lifted, the
Panchayath will take necessary steps to implement the
orders passed to remove the illegal construction, if the
same became final. All the contentions of the
petitioner and the respondents in these writ petitions
are left open.
With the above observation, these writ petitions
are disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
APPENDIX OF WP(C) 3434/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT
DATED 02.03.2018 EXECUTED BETWEEN
THE PETITIONER AND 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE DEMOLITION NOTICE
NO.A3/6978/20 DATED 29.03.2021 ISSUED
BY THE SECRETARY OF PUTHUR GRAMA
PANCHAYATH.
Exhibit P3 TRUE COPY OF THE LETTER DATED
18.01.2021 ISSUED BY THE ELECTRICAL
INSPECTOR, THRISSUR TO THE
PETITIONER.
Exhibit P4 TRUE COPY OF THE REPRESENTATION
DATED 30.03.2021 FILED BY THE
PETITIONER BEFORE THE ASSISTANT
EXECUTIVE ENGINEER DATED 30.03.2021
Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY
THE ASSISTANT EXECUTIVE ENGINEER TO
THE PETITIONER DATED 15.04.2021
Exhibit P6 TRUE COPY OF THE NOTICE DATED
30.12.2021 ISSUED BY THE PANCHAYATH
TO THE PETITIONER.
Exhibit P7 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE PANCHAYATH
COMMITTEE DATED 14.01.2021.
RESPONDENT ANNEXURES
Annexure -R1(a) A copy of provisional order dated . 18/1/21
issued by the Secretary Puthur Grama
Panchayat
Annexure -R1(b) A copy of the order dated 30/12/21 issued by
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
the Secretary, Puthur Grama Panchayat
Annexure -R1(c) . A copy of Decision No. 6/1 dated 8/2/22 of
the Panchayat Committee of the Puthur
Grama Panchayat
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
APPENDIX OF WP(C) 5565/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RECEIPT DATED
12.4.2021 FOR .PAYMENT OF LAND TAX
Exhibit P2 THE TRUE COPY OF THE BUILDING
PERMITS OBTAINED BY THE PETITIONER
FOR THE CONSTRUCTION OF COMMERCIAL
BUILDING.
Exhibit P3 THE TRUE COPY OF THE REGISTERED
LEASE AGREEMENT EXECUTED BY THE
PETITIONER IN FAVOUR OF THE 2ND
RESPONDENT
Exhibit P4 THE TRUE COPY OF THE MEDIATION
AGREEMENT DATED 10.8.2020 SUBMITTED
BEFORE THE MUNSIFF COURT, THRISSUR
BY THE PETITIONER
Exhibit P5 THE TRUE COPY OF THE ADDITIONAL
AGREEMENT DATED 10.8.2020 EXECUTED
BETWEEN PETITIONER AND 2ND
RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE NOC DATED
11.1.2021.
Exhibit P7 THE TRUE COPY OF THE ORDER DATED
18.1.2021 RECEIVED BY THE PETITIONER
Exhibit P8 THE TRUE COPY OF THE LETTER
SUBMITTED BY THE PETITIONER WITH THE
1ST RESPONDENT
Exhibit P9 THE TRUE COPY OF THE ORDER DATED
29.3.2021 RECEIVED BY THE PETITIONER
Exhibit P10 THE TRUE COPY OF THE ORDER DATED
14.9.2021 IN I.A.2/2021 IN O.S.NO.814/2021
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
ISSUED BY THE ADDL.MUNSIFF COURT,
THRISSUR.
Exhibit P11 THE TRUE COPY OF THE ORDER DATED
30.12.2021.
Exhibit P12 THE TRUE COPY OF THE APPEAL
SUBMITTED BY THE PETITIONER.
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
APPENDIX OF WP(C) 29438/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT
DATED 02-03-2018 EXECUTED BETWEEN
THE PETITIONER AND 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE DEMOLITION NOTICE
NO. A3/6978/20 DATED 29-03-2021 ISSUED
BY THE SECRETARY OF PUTHUR
GRAMAPANCHAYATH
Exhibit P3 TRUE COPY OF THE LETTER DATED 18-01-
2021 ISSUED BY THE ELECTRICAL
INSPECTOR, THRISSUR TO THE
PETITIONER.
Exhibit P4 TRUE COPY OF THE REPRESENTATION
DATED 30-03-2021 FILED BY THE
PETITIONER BEFORE THE ASSISTANT
EXECUTIVE ENGINEER DATED 30-03-2021
Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY
THE ASSISTANT EXECUTIVE ENGINEER TO
THE PETITIONER DATED 15-04-2021
WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022
APPENDIX OF WP(C) 13735/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT DATED
02.03.2018 EXECUTED BETWEEN THE
PETITIONER AND 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED
29.03.2021 ISSUED BY THE SECRETARY OF
PUTHUR GRAMAPANCHAYATH.
Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE
PETITIONER TO THE SECRETARY OF THE 2ND
RESPONDENT SOCIETY DATED 11.01.2021.
Exhibit P4 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER DATED 22.06.2021 TO THE JOINT
REGISTRAR OF COOPERATIVE SOCIETIES.
Exhibit P5 THE TRUE COPY OF THE COMMUNICATION
LETTER DATED 8.2.2023 RECEIVED BY THE
PETITIONER
RESPONDENT ANNEXURES
Annexure -R3(b) A copy of the order dated 30/12/21 issued by the
Secretary, Puthur Grama Panchayat
Annexure- R3( a) . A copy of provisional order dated . 18/1/21
issued by the Secretary Puthur Grama Panchayat
Annexure- R3(c) A copy of Decision No. 6/1 dated 8/2/22 of the
Panchayat Committee of the Puthur Grama
Panchayat
Annexure -R3(d) A copy of the order dated 3/10/23 issued by the
Secretary, Puthur Grama Panchayat
//TRUE COPY//
PA TO JUDGE
