Kerala High Court
P.V Thomas vs State Of Kerala on 6 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:67765
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 29946 OF 2024
PETITIONERS:
1 P.V THOMAS
AGED 76 YEARS
S/O. VAKKO, PALAYIL HOUSE, AROOR P.O,ALAPPUZHA
DISTRICT, PIN - 688534.
2 PHILOMINA FRANCINA
AGED 70 YEARS
W/O P.V THOMAS, PALAYIL HOUSE, AROOR P.O, ALAPPUZHA
DISTRICT, PIN - 688534.
BY ADVS.
SRINIVAS C.K.
S.DEVARAJAN
K.SAJAN KURIAKOSE
HARISANKAR S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE,
ALAPPUZHA, PIN - 688001.
2 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, ALAPPUZHA, PIN - 688001.
3 KSEB LTD
REPRESENTED BY THE EXECUTIVE ENGINEER, KSEB LTD.,KSEB
ROAD, NEAR GANDHI SMARAKAM, PULLIRITHAKKARY,
CHERTHALA, PIN - 688524.
4 THE ASSISTANT EXECUTIVE ENGINEER
KSEB LTD., POOCHAKKAL, ALAPPUZHA,, PIN - 688526.
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WP(C) NO. 29946 OF 2024 2
5 THE ASSISTANT ENGINEER,
KSEB LTD.,AROOR, ALAPPUZHA, PIN - 688534.
6 SRI. RATHEESH
DAIVATHARA PARAMBU, AROOR GRAMA PANCHAYATH, AROOR
P.O,ALAPPUZHA DISTRICT, PIN - 688534.
SRI.A. ARUN KUMAR-SC
SRI.SREEJITH V S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 29946 OF 2024 3
JUDGMENT
The present writ petition has been filed for the following
prayers:-
i) Issue a writ of Mandamus restraining the Respondents 3 to 5
from drawing the electric line through the petitioners' property
to the 6th respondent's house.
ii) To direct the Respondents 3 to 5 to accept the alternate route
for drawing electric line to the 6'h respondent's house in view of
the consent given by the owner of the adjacent property.
iii) To direct the Respondents 1 to 5 to find an alternate route
feasible to the residents of the locality.
iv) To issue such other writs, orders or direction which the court
deems to be fit.
2. The learned counsel for the petitioners submits that the
petitioners are residing in their own house having a land area of 17
cents. The 6th respondent , Mr.Ratheesh is said to be the neighbour of
the petitioners. The 6th respondent had applied for electric
connection. The learned counsel for the petitioners submits that the
respondent Board is proposing to draw electricity line through the
petitioners' property to provide electricity connection to the 6 th
respondent. Aggrieved by the action of the respondent Board, the
petitioners have moved an application before the Additional District
Magistrate as per Ext.P3 on 6.4.2024. However, no consideration has
been given to the said application till date.
2024:KER:67765
Considering the aforesaid submission of the learned counsel
for the petitioners, the present writ petition is disposed of with a
direction to the 2nd respondent to consider and pass orders on Ext.P3
in accordance with law after hearing the petitioners, the 6th
respondent, the Electricity Board and any other affected parties,
preferably within a period of one month from the date of receipt of a
copy of the judgment.
Sd/-
DINESH KUMAR SINGH
JUDGE
Sru
2024:KER:67765
APPENDIX OF WP(C) 29946/2024
PETITIONERS EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CONSENT LETTER GIVEN BY
SRI. SABU KS.
Exhibit P2 TRUE COPY OF THE SKETCH SHOWING ALTERNATE
ROUTE FOR DRAWING ELECTRIC LINE AND THE AREA.
Exhibit P3 A TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONERS DATED 06.04.2024.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO
31181/2006 KHADEEJA VS. ADDITIONAL DISTRICT
MAGISTRATE DATED 04.12.2012.
Exhibit P5 TRUE COPY OF THE JUDGEMENT IN WP(C) NO
5748/2010 DATED 07-09-2012 CHATHUKUTTY VS.
ADDITIONAL DISTRICT MAGISTRATE.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO
12286/2021 DATED 10.11.2021, INDUS TOWERS LTD
VS. KERALA STATE ELECTRICITY BOARD.
Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.
21933/2021 RAJESH C.V VS KSEB
(2021:KER:42658) DATED 29.10.2021.
