Kerala High Court
Mathai M.M vs The Assistant Executive Engineer on 5 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:67335
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. 31222 OF 2024
PETITIONER:
MATHAI M.M,
AGED 72 YEARS, S/O MATHAI,
MANGATTU HOUSE, KIZHAKAMBALAM VILLAGE,
MALAYIDAMTHURUTHKARA, KUNNATHUNAADU TALUK,
PIN - 683561
BY ADVS.
SIRAJ KAROLY
MOHAMMED SHAD K.A.
RAIHANA MUNDETH
RESPONDENTS:
1 THE ASSISTANT EXECUTIVE ENGINEER,
KSEB SUB DIVISION, KERALA STATE ELECTRICITY BOARD,
KIZHAKAMBALAM, ERNAKULAM DISTRICT, PIN - 683562
2 THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD, EDATHALA SECTION,
EDATHALA PO, ALUVA, PIN - 683561
3 THE EXECUTIVE ENGINEER,
PERUMBAVOOR DIVISION, KERALA STATE ELECTRICITY BOARD,
PERUMBAVOOR, PIN - 683542
4 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY. KSEB BOARD,
PATTAM THIRUVANATHAPURAM, PIN - 695004
5 THE DISTRICT COLLECTOR ERNAKULAM,
CIVIL STATION, KAKKANDU. KOCHI,
PIN - 682030
SRI. NIRMAL S.-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 31222 of 2024
2
2024:KER:67335
JUDGMENT
The petitioner claims to be the owner in
possession of 42 cents of land and an old residential
building situated in Sy.No. 90/5 in Block number 26 of
Kizhakambalam village of Kunnathunadu Taluk.
2. The grievance of the petitioner is that
there is a three phase electric connection on the
southern and western side of his property. On southern
side, the line passes through the petitioner's property
three meters towards east, causing serious threat to the
petitioner's life. The western line which passes through
the side of the road also precludes the western side of
the property, which also causes danger to life. The
petitioner has moved a representation in Ext.P5 before
the District Collector, Ernakulam for shifting of the line,
but no decision has been taken till date on the said
representation.
3. The learned Counsel for the petitioner
submits that the petitioner would be satisfied, if a
2024:KER:67335
direction is issued to the District Collector or the
concerned authority under the provisions of the Indian
Telegraph Act 1885 to take a decision on the
representation of the petitioner in Ext.P5 expeditiously,
in accordance with law.
Considering the aforesaid submission, the
present writ petition is disposed of, with a direction to
the District Collector or the Additional District Magistrate
concerned to consider and pass appropriate orders on
Ext.P5 representation of the petitioner, after giving an
opportunity of hearing to the petitioner, the Kerala State
Electricity Board and other affected parties, in
accordance with law, preferably within a period of one
month.
Sd/-
DINESH KUMAR SINGH
JUDGE
ARK
2024:KER:67335
APPENDIX OF WP(C) 31222/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TITLE DEED DATED 30.09.1987
ALONG WITH THE TRANSLATION OF THE SAME.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY
DATED 06.05.2024 ALONG WITH THE TRANSLATION
OF THE SAME.
EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT
(PROPERTY TAX) DATED 06.05.2024
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 3RD RESPONDENT DATED 22.08.2024
ALONG THE TRANSLATION OF THE SAME.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 5TH RESPONDENT DATED 16.8.2024
ALONG WITH THE TRANSLATION OF THE SAME.
EXHIBIT P5A TRUE COPY OF THE RECEIPT ISSUED FROM THE
OFFICE OF THE 5TH RESPONDENT DATED 16.08.2024
ALONG WITH THE TRANSLATION OF THE SAME.
