Devassy vs Kerala State Electricity Board
2024 Latest Caselaw 26674 Ker

Kerala High Court

Devassy vs Kerala State Electricity Board on 5 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
       THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
         Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
                          WP(C) NO. 20598 OF 2008(B)
PETITIONER:

     *DEVASSY, PADAYATTIL HOUSE, NAYATHODE P.O.NEDUMBASSERY-VIA,
     ANGAMALY.[*EXPIRED]
                          By Adv. SMT. G.VIDYA

RESPONDENTS:

  1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS
     SECRETARY,,VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.
  2. THE DEPUTY CHIEF ENGINEER KSEB., ELECTRICAL CIRCLE, PERUMBAVOOR.
  3. THE ASSISTANT EXECUTIVE ENGINEER KSEB., ELECTRICAL SUB DIVISION,
     KALADY.
  4. THE ASSISTANT ENGINEER KSEB., ELECTRICAL SECTION, KALADY.
  5. THE SECRETARY ANGAMALY MUNICIPALITY
  6. ADDL.R6-THE KERALA LEGAL SERVICES AUTHORITY HIGH COURT COMPLEX,
     ERNAKULAM - 682 031. (SUO MOTU IMPLEADED AS PER ORDER DATED
     31/07/2018)
  7. ADDL.R7-THE COCHIN INTERNATIONAL AIRPORT LIMITED, REGD.OFFICE AT
     GCDA COMMERCIAL COMPLEX,MARINE DRIVE,COCHIN-682 031,KERALA,INDIA.
     (SUO MOTU IMPLEADED AS PER ORDER DATED 27.09.2018)
  8. ADDL R8, THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS
     PROJECT MANAGER, PALAKKAD.(IS SUO MOTU IMPLEADED AS PER ORDER DATED
     03-07-2020 IN WP(C))

   BY ADVS.

      SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY BOARD LIMITED.

      SRI P.P.THAJUDEEN & SRI. WILSON URMESE, SC, ANGAMALY MUNICIPALITY.

      SRI.P.BENNY THOMAS, SRI.D.PREM KAMATH, SMT.S.MAHITHA,SC, FOR COCHIN
INTERNATIONAL              AIRPORT LIMITED,

      SMT.I SHEELA DEVI, SC FOR THE NATIONAL HIGHWAY AUTHORITY OF INDIA



        THIS WRIT PETITION (CIVIL) HAVING COMING UP FOR ORDERS ON
05/09/2024 ALONG WITH WP(C). 693/2011, 10123/2013 AND 30652/2016 AND UPON
PERUSING THIS COURT'S JUDGEMENT DATED 06/04/2022 IN WP(C)20598/2008,and
this court order dated 25/01/2023 ,   THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
                       A.MUHAMED MUSTAQUE , Acg.C.J.

                    ----------------------------------
                     W.P.(C)Nos. 20598/2008, 693/2011,
                             10123/2013 & 30652/2016
                 ----------------------------------
              Dated this the 5th day of September, 2024

                                          ORDER

As per the judgment, the original title deed is with Padayattil Family Trust. We direct the authorised representative of Padayattil Family Trust to hand over the document to Member Secretary, KELSA within three days. The Fixed Depost in the name of deceased Devassykutty @ Devassy has been placed before me by the learned counsel for the petitioner. The Registry shall hand over the Fixed Deposit Receipt to the Member Secretary, KELSA to hand over the same to Shri.Joshy, the only son of Devassykutty @ Devassy as against receipt. Once title deed is received from the Trust, the same shall also be handed over to Shri.Joshy as against receipt.

If the bunk is not being occupied by Joshy, the Municipality is free to resume the bunk after issuing notice to him.

Sd/-

A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

sv

05-09-2024 /True Copy/ Assistant Registrar