Kerala High Court
Rajadhani Hotels(P) Ltd vs Kerala State Electricity Board Limited on 5 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 23014 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 23014 OF 2023
PETITIONER/S:
RAJADHANI HOTELS(P) LTD,
AGED 55 YEARS
EAST FORT,THIRUVANATHAPURAM,REPRESENTED BY ITS MANAGING
DIRECTOR DR.BIJU RAMESH,S/O LATE RAMESAN,RAJADHANI,EAST
FORT,THIRUVANATHAPURAM, PIN - 695023
BY ADVS.
C.P.SAJI
AHALYA PRAKASH K.V.
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LIMITED,
VYDYUTHI BHAVAN,PATTOM P.O,THIRUVANANTHAPURAM ,REPRESENTED
BY ITS MANAGING DIRECTOR AND SECRETARY, PIN - 695004
2 CHIEF ENGINEER,
TRANSMISSION SOUTH,VYDYUTHI BHAVAN,PATTOM
P.O,THIRUVANANTHAPURAM, PIN - 695004
3 DEPUTY CHIEF ENGINEER,
TRANSMISSION CIRCLE,2ND FLOOR,POWER HOUSE
BUILDING,THIRUVANANTHAPURAM, PIN - 695036
4 M/S.SOUTHERN RAILWAYS
REPRESENTED BY ITS SENIOR DIVISIONAL ELECTRICAL ENGINEER,
DIVISIONAL RAILWAY MANAGERS OFFICE, SOUTHERN RAILWAY, THYCADU,
WP(C) NO. 23014 OF 2023
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THIRUVANANTHAPURAM -695014. ADDL R4 IS IMPLEADED AS PER ORDER
DATED 03-07-2024 IN IA .NO.2/2024 IN WP(C)23014/2023
BY ADV ARUNKUMAR A
OTHER PRESENT:
SRI.P.C. SASIDHARAN-SC
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 05.09.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed seeking the following
reliefs:
"(i) To issue a writ of mandamus or order or direction directing the
respondents to cooperate with the petitioner to complete the works
covered by the Ext. P2 by conducting cable test for the transmission
of electricity through underground cable without causing any delay
from the part of the respondents.
(ii) To issue a Writ of Mandamus or order or direction to respondents
to charge the underground cable passing electricity replacing and
dismantling the overhead line drawn through the property of the
petitioner without any delay.
(iii) To issue a Writ of Mandamus or order or direction to
respondents to consider the Ext.P5 representation of the petitioner
and to take an action thereon in a time bound manner for the
redressal of the grievances of the petitioner.
(iv) To issue such other appropriate Writ, order or direction as in
deemed just and necessary in the circumstances of the case."
2. According to the petitioner, the respondents, with the
permission of the petitioner's predecessors, had drawn a 110 KV
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overhead feeder line from Kazhakoottam Substation to Railway
Traction Substation Thiruvananthapuram to supply electricity to
Southern Railway. This overhead feeder line passes through the
middle portion of the petitioner's property, preventing
development activities in the petitioner's property. The said
overhead line has been replaced with underground cable in
various parts of the State. The underground cable has been laid
up to the property of the petitioner. The petitioner, however,
submitted that the respondents have not proceeded to lay
underground cable through the property of the petitioner
replacing the existing overhead line. The petitioner approached
the respondent with a request to replace the overhead line with
an underground cable.
2.1 The respondents are not taking any action due to the
alleged paucity of funds. It was further said that the respondents
had suggested to the petitioner that if the petitioner is willing to
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bear the expenses for replacing the overhead line with
underground cable under the respondents' supervision, they can
permit the petitioner to install underground cable. The petitioner
has moved a representation in Ext.P5 dated 20.12.2022. However,
no action has been taken.
3. Considering the aforesaid facts, the respondents are
directed to complete the underground cable work through the
petitioner's property expeditiously, preferably within one month.
Any amount that needs to be deposited by the petitioner shall be
deposited within a period of fifteen days from today.
With the aforesaid direction, the present writ petition stands
finally disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 23014/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTO COPY OF LETTER DATED 28.04.2020 OF THE
PETITIONER TO THE 3RD RESPONDENT
Exhibit P2 TRUE PHOTO COPY OF THE AGREEMENT EXECUTED
BETWEEN THE PETITIONER AND THE 1ST RESPONDENT
DATED 13.01.2021
Exhibit P3 TRUE PHOTO COPY OF THE LETTER DATED 20.03.2021 OF
THE PETITIONER TO THE 2ND RESPONDENT
Exhibit P4 TRUE PHOTO COPY OF THE LETTER DATED 24.05.2021 OF
THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P5 TRUE PHOTO COPY OF THE REPRESENTATION DATED
20.12.2022 OF THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P6 TRUE PHOTO COPY OF THE REMINDER LETTER DATED
17.03.2023 OF THE PETITIONER TO THE 3RD RESPONDENT
RESPONDENT ANNEXURES
Annexure R1(a) A true copy of the request letter of the petitioner to the
KSEBL
Annexure R1(b) . A true copy of the minutes of the meeting held on 03-03-
2023 under the chair of the 3rd respondent with the official
of the petitioner
Annexure R1(c) A true copy of the minutes of the meeting held on 17-03-2023
under the chair of the 2nd respondent
Annexure R1(d) A true copy of the request sent to M/s Railways on 23-03-
2023 by the 3rd respondent
Annexure R1(e) A true copy of the letter dated 31-03-2023 issued by the 3rd
respondent to the petitioner
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Annexure R1(f) A true copy of the Letter dated 15-07-2023 issued by the
Executive Engineer to the petitioner
Annexure R1(g) A true copy of the letter dated 21st July 2023 issued by the
Railways to the Executive Engineer
Annexure R1(h) A true copy of the letter dated 28th May 2022 issued to the
petitioner
Annexure R1(i) A true copy of the letters which have been received from
PWD dated 22-05-2023
Annexure R1(j) A true copy of the letters which have been received from
PWD dated 27-05-2023
Annexure R1(k) A true copy of the letter dated 26-05-2023 issued by the 3rd
respondent to the petitioner
Annexure R1(l) A true copy of the Circular no. 25-7/42/2019-PG dated 01-08-
2022 of the central Government
