Kerala High Court
Shyamala Devi vs State Of Kerala on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.12414/2024 1/3 Order Date : 02-08-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Friday, the 2nd day of August 2024 / 11th Sravana, 1946
WP(C) NO. 12414 OF 2024
PETITIONER:
SHYAMALA DEVI, AGED 85 YEARS, WIDOW OF LATE ADV. V., PARAMESWARAN
PILLAI, KODAMPILLIL HOUSE, THEKKEKKARA KIZHAKKUMMURI, PALLIPPAD
VILLAGE, HARIPAD, ALAPPUZHA DISTRICT, PIN-690512
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF ELECTRICITY, VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN-695004
2. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD
LIMITED, HARIPPAD, ALAPPUZHA DISTRICT, PIN-690514
3. ADDITIONAL DISTRICT MAGISTRATE, DISTRICT COLLECTORATE ALAPPUZHA,
CIVIL STATION, ALAPPUZHA, PIN-688001
4. MR.UNNIKRISHNAN, S/O. SANKARA KURUP, CHERUSSERIL HOUSE, THEKKEKKARA,
KIZHAKKUMMURI, PALLIPPAD VILLAGE, ALAPPUZHA, PIN-690512
5. MADHU KUMAR C.V., S/O. VASUDEVA KURUP CHERUSSERIL, NADUVATTOM P.O,
PALLIPAD VILLAGE, ALAPPUZHA DISTRICT, PIN-690512
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd respondent keep in abeyance passing any order on
the application submitted by the 4th respondent to draw the electric power
line over the petitioner's property until further orders.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
05-04-2024 and upon hearing the arguments of SRI. KAPPILLIL ANILKUMAR,
Advocate for the petitioner, SRI. S.GANESH, Advocate for R4 and SRI.
N.N.GIRIJA, Advocate for R5, the court passed the following:
WP(C) No.12414/2024 2/3 Order Date : 02-08-2024
DINESH KUMAR SINGH, J.
-----------------------
W.P.(C) No. 12414 of 2024
----------------------------
Dated this the 2nd day of August, 2024
ORDER
The learned Standing Counsel for the Kerala State Electricity
Board shall file a statement to bring on record the order issued by the
ADM and their response to the said order. The learned Counsel for the
4th respondent may also file statement/counter affidavit.
Post on 14.08.2024
Sd/-
DINESH KUMAR SINGH
JUDGE
MSA
WP(C) No.12414/2024 3/3 Order Date : 02-08-2024
APPENDIX OF WP(C) 12414/2024
Exhibit - P1 A TRUE COPY OF THE PARTITION OF THE PETITIONER DEED
DATED 18.04.2009
Exhibit - P2 A TRUE COPY OF THE SKETCH FOR ENTIRE SY.NO.141 OF THE
PALLIPPAD VILLAGE
Exhibit - P3 A TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT IN
Exhibit - P4 A TRUE COPY OF THE JUDGMENT DATED 21.06.2013, IN
O.S.NO.234/2012, ON THE FILE OF THE MUNSIFF COURT,
ERNAKULAM.
Exhibit - P5 A TRUE COPY OF THE DECREE DATED 21.06.2013, IN
O.S.NO.234/2012, ON THE FILE OF THE MUNSIFF COURT,
ERNAKULAM.
Exhibit - P6 A TRUE COPY OF THE OBJECTIONS SENT TO THE 2ND
RESPONDENT DATED 10.12.2023
Exhibit - P7 A TRUE COPY OF THE LETTER FROM THE DISTRICT COLLECTOR
TO THE 2ND RESPONDENT TO CONDUCT ENQUIRY ON EXT.P-6
Exhibit - P8 A TRUE COPY OF THE NOTICE DATED 5.1.2024 FROM THE 2ND
RESPONDENT
Exhibit - P9 A TRUE COPY OF THE NOTICE DATED 7.3.2024 FROM THE 3RD
RESPONDENT
Exhibit - P10 A TRUE COPY OF THE WRITTEN OBJECTIONS SUBMITTED TO THE
3RD RESPONDENT DATED 02.03.2024
Exhibit - P11 A TRUE COPY OF THE SKETCH OF THE PROPERTY PRODUCED
BEFORE THE 3RD RESPONDENT ON 02.03.2024
Exhibit R5 (a) A truer copy of Reply affidavit dated 15/04/2024
received from the 2nd Respondent
