Kerala High Court
Basheer Mohammed @ Arakkal Basheer ... vs Kerala State Electricity Board Limited on 13 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 40169 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
WP(C) NO. 40169 OF 2024
PETITIONER/S:
BASHEER MOHAMMED @ ARAKKAL BASHEER MOHAMMED
AGED 67 YEARS
S/O.UMMER, ARAKKAL HOUSE, NEAR N.S.S.COLLEGE, PALAPPURAM POST,
OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679103
BY ADVS.
R.SREEHARI
HAMZA A.V.
APARNA M.P.
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LIMITED
REGISTERED OFFICE, VYDYUTHI BHAVANAM, PATTOM POST,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 695004
2 EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL DIVISION - SHORANUR,
KULAPPULLY POST, SHORANUR, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN -
679122
3 ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB DIVISION -
SHORANUR, KULAPPULLY POST, SHORANUR, OTTAPALAM TALUK, PALAKKAD
DISTRICT, PIN - 679122
WP(C) NO. 40169 OF 2024
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4 ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION –
OTTAPALAM, PALAPPURAM POST, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN -
679103
5 ADDITIONAL DISTRICT MAGISTRATE
PALAKKAD DISTRICT, COLLECTORATE, CIVIL STATION POST, PALAKKAD, PIN - 678001
OTHER PRESENT:
SRI. B. PREMOD, SRI.S. GOPINADHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40169 OF 2024
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JUDGMENT
The present writ petition has been filed seeking the following
reliefs:
"i) issue a writ of mandamus or other appropriate writ, order or
direction, directing the 5th respondent to consider the Exhibit P4
petition, submitted by the petitioner, (as evidenced from Exhibit P4
acknowledgment receipt) and to dispose of the same in accordance with
law, with in a reasonable time framed as fixed by this Hon'ble Court.
(ii) issue a writ of prohibition or other appropriate writ, order or
direction, restraining the 4th respondent from proceeding with the
installation of Electrical Transformer in front of the property of the
petitioner, till a lawful decision is taken in Exhibit P4 petition by the 5th
respondent.
(iii) This Hon'ble Court may be pleased to dispense with the filing of
English Translation of the vernacular document filed in this writ petition
on such terms and conditions as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case.
(iv) grant such other reliefs as this Hon'ble court deem fit and proper in
the facts and circumstances of the case."
WP(C) NO. 40169 OF 2024
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2. After some arguments, the learned Counsel for the petitioner
submits that he would confine his prayer for expeditious disposal of the
Ext.P4 petition filed by the petitioner.
3. Considering the aforesaid submission and the limited prayer
made, the writ petition is disposed of with a direction to the 5 th
respondent to take a necessary decision on Ext.P4 petition expeditiously,
in accordance with the law, after hearing all affected parties, including
the Kerala State Electricity Board, preferably within two months.
The writ petition stands disposed of.
Sd/-
D. K. SINGH
JUDGE
jjj
WP(C) NO. 40169 OF 2024
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APPENDIX OF WP(C) 40169/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07/08/2018
WITH NO.34580066, ISSUED IN FAVOUR OF THE PETITIONER FROM
THE OTTAPALAM 2 VILLAGE OFFICE
Exhibit P2 TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE ERECTION OF
CONCRETE ELECTRICAL POSTS IN FRONT OF THE PROPERTY OF THE
PETITIONER
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 07/11/2024 SUBMITTED BY
THE PETITIONER BEFORE THE 4TH RESPONDENT, ALONG WITH AN
ENGLISH TRANSLATION OF THE SAME
Exhibit P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE
5TH RESPONDENT ALONG WITH AN ENGLISH TRANSLATION OF THE
SAME
Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 11/11/2024
WITH NO.886153/24, ISSUED BY THE OFFICE OF THE 5TH
RESPONDENT ALONG WITH AN ENGLISH TRANSLATION OF THE SAME
Exhibit P6 TRUE COPY OF THE LETTER DATED 11/11/2024 WITH
NO.G.B/OTTAPALAM/24-25/123 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER, ALONG WITH AN ENGLISH TRANSLATION OF THE
SAME
