Kerala High Court
Abida Beevi vs State Of Kerala on 1 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 2027 OF 2024
PETITIONERS:
1 ABIDA BEEVI
AGED 59 YEARS, W/O POONKUNJU,
DWARAKA PUTHEN VEEDU, VAZHAVILA,
VELLIMALA, EDAMON P.O, EDAMON VILLAGE,
PUNALUR TALUK, KOLLAM- 691305.
2 SAFIYA
AGED 59 YEARS, D/O ASUMA BEEVI,
NISHANA MANZIL, VAZHAVILA, VELLIMALA,
EDAMON P.O, EDAMON VILLAGE, PUNALUR TALUK,
KOLLAM, PIN - 691305.
BY ADVS.
VISHNU BHUVANENDRAN
B.ANUSREE
ABHILASH C.V.
VARUN JACOB
MIRAL K.JOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIATE, THIRUVANANTHAPURAM - 695001.
2 THE DISTRICT COLLECTOR
CIVIL STATION RD, KAANKATHU MUKKU,
KOLLAM, KERALA, PIN - 691013.
3 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ASSISTANT ENGINEER,
KSEB ASSISTANT EXECUTIVE ENGINEER OFFICE,
GENERATION SUB DIVISION, THENMALA,
KERALA, PIN - 690308.
W.P.(C) No.2027 of 2024
:2:
4 TAHSILDAR
PUNALUR TALUK OFFICE, FIRST FLOOR,
MINI CIVIL STATION, KOLLAM - TENKASI RD,
PANAMKUTTYMALA, PUNALUR, PIN - 690308.
5 PRINCIPAL DIRECTOR OF LOCAL SELF GOVERNMENT
PUNALUR MUNICIPAL OFFICE, PAIKA TOWN HALL,
SH8, PANAMKUTTYMALA, PAIKA, PUNALUR,
KERALA, PIN - 686577.
6 VILLAGE OFFICER
EDAMONE VILLAGE OFFICE, EDAMON SATHRAM,
EDAMON, KERALA, PIN - 691307.
7 JOSE
AGED 58 YEARS, S/O NINAN,
VAZHAVILA PADINJATTATHIL VEEDU,
VAZHAVILA, EDAMON VILLAGE, PUNALUR TALUK,
KOLLAM, PIN - 691305.
BY ADVS.
SRI.ARUNKUMAR A, STANDING COUNSEL
SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2027 of 2024
:3:
JUDGMENT
Dated this the 1st day of February, 2024
The petitioners, who purchased plots of land from the 7 th
respondent and who have constructed two residential houses
for them in the property under the LIFE Mission Scheme of the
Government of Kerala, have approached this Court seeking
the following reliefs:-
"i) Issue a writ of mandamus or any other
appropriate writ, direction or order, directing respondents
1 to 3 to take effective steps for drawing electric lines to
the respective houses of the petitioners situated in
Survey No.116/7 B/22/2 of Edamone Village in Punalur
Taluk, forthwith.
ii) Issue a writ of mandamus or any other
appropriate writ, direction or order, directing the 3rd
respondent to issue electric connections to the petitioners
as per Exts.P4 and P5 applications.
iii) Issue a writ of mandamus or any other
appropriate writ, direction or order, directing respondents
1 and 2 to give proper directions to respondents 5 and 6
for taking effective steps to cut and remove the trees
standing in the way allotted to the petitioners and to
further make it suitable and convenient for ingress and
egress to the houses of the petitioners, within a time
frame fixed by this Hon'ble Court.
iv) Issue a writ of mandamus or any other
appropriate writ, direction or order directing respondents
1 and 2 to consider Exts.P6 and P7 representations
preferred by the petitioners within a time frame fixed by
this Hon'ble Court.
v) To issue such other reliefs as this Hon'ble
Court may deem fit and proper in the circumstances of
this case."
2. When the writ petition came up today for hearing,
Standing Counsel representing the Electricity Board submits
that though there were some initial obstructions, now the
Electricity Board referred the matter to the ADM and at present
the electricity lines are drawn to the residence of the
petitioners and supply is given on the basis of an order passed
by the ADM on 27.01.2024.
3. By supply of electricity through drawn electrical
lines, substantial grievances of the petitioners stand redressed.
What is remaining is the prayer of the petitioners to cut and
remove the trees standing in the way allotted to the petitioners
and to further make it suitable and convenient for ingress and
egress to the houses of the petitioners within a time frame.
4. Those prayers relate to civil rights of the petitioners
and the petitioners will have to resort to appropriate
proceedings in the ordinary course. However, if the pathway
claimed by the petitioners as per Exts.P1 and P2 Sale Deeds
are the only access available to their residence and if access is
denied, then the petitioners will be at liberty to approach the 2 nd
respondent seeking appropriate reliefs.
With the said observations and recording the submission
made by the Standing Counsel that the electricity is being
supplied to the petitioners, the writ petition is disposed of.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 2027/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 801/2020
DATED 13.05.2020 WITH RESPECT TO THE
1ST PETITIONER
Exhibit 2 TRUE COPY OF THE SALE DEED NO. 802/2020
DATED 13.05.2020 WITH RESPECT TO THE
2ND PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER DATED 03.08.2023
IN IA NO. 1/2023 IN O.S 153/2023 OF THE
MUNSIFF'S COURT, PUNALUR
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED
BEFORE THE 3RD RESPONDENT DATED
18.11.2022
Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 2ND PETITIONER BEFORE THE 3RD
RESPONDENT DATED 06.12.2022
Exhibit P6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 1ST AND 2ND
RESPONDENT DATED 23.09.2023
Exhibit P7 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 23.09.2023
Exhibit P8 TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT TO THE 4TH RESPONDENT DATED
13.10.2023
Exhibit P9 TRUE COPY OF THE LETTER OF THE 5TH
RESPONDENT DATED 16.10.2023
Exhibit P10 TRUE COPY OF THE LETTER OF THE 4TH
RESPONDENT TO THE 6TH RESPONDENT DATED
19.10.2023
