Kerala High Court
Mary M. Antony @ Molly Antony vs Kerala State Electricity Board Ltd ... on 13 September, 2024
2024:KER:70269
WP(C) 32918/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 32918 OF 2024
PETITIONER/S:
MARY M. ANTONY @ MOLLY ANTONY
AGED 65 YEARS
PUTHUPARAMBIL HOUSE, MALLASSERY P.O,
PATHANAMTHITTA DISTRICT., PIN - 689646
BY ADVS.
SERGI JOSEPH THOMAS
ANANDU RAJEEV
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY
ITS SECRETARY
VYDYUTHI BHAVAN, PATTOM P.O,
THIRUVANANTHAPURAM., PIN - 695004
2 THE ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SUB DIVISION (MAJOR SECTION) KERALA STATE
ELECTRICITY BOARD LTD, KADAMMANITTA ROAD,
PATHANAMTHITTA.., PIN - 689645
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WP(C) 32918/2024
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3 THE ASSISTANT ENGINEER
ELECTRICAL SUB DIVISION (MAJOR SECTION) KERALA STATE
ELECTRICITY BOARD LTD, KADAMMANITTA ROAD,
PATHANAMTHITTA., PIN - 689645
OTHER PRESENT:
SC SRI. A. ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
(Dated this the 13th day of September 2024)
The petitioner approached this Court seeking the
following reliefs:
a) to issue a writ in the nature of Mandamus or any other
appropriate writ, direction or order commanding the 2 nd and
3rd respondents not to take any steps for installing or erecting
the transformer in the present place in front of the property
of the Petitioner comprised in Re-Survey Nos. 228/6A2,
228/6A1 and 231/2B of Pathanamthitta Village by virtue of
Sale Deed Nos. 3069/1992 dated 23/11/1992, 1037/1994
dated 04/04/1994 and 3427/1994 dated 25/11/1994 of the
Pathanamthitta SRO.
b) to issue a writ in the nature of Mandamus or any other
appropriate writ, direction or order commanding the 2nd
respondent to take a decision on Exhibit P11 representation,
within a time stipulated by this Honourable Court.
c) to pass such other writ order or direction that this Hon'ble Court
may deem fit and proper in the facts and circumstances of
the case;
d) to award the cost of this petition."
2. The Standing Counsel for the respondent-Board
submits that he has to get instructions as to whether transformer
is installed or not.
3. The counsel for the petitioner has produced
Ext.P10(a) which shows that rods have been erected for fixing
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the transformer.
Without going into merits, I direct the petitioner to
appear before the 2nd respondent on 18.09.2024 at 11 am. The
2nd respondent is directed to consider Exts.P11 and P12 and
dispose of the matter. Till such time, status quo shall be
maintained.
Sd/-
BASANT BALAJI
JUDGE
JS
2024:KER:70269
WP(C) 32918/2024
APPENDIX OF WP(C) 32918/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. D4-352/14
DATED 06/03/2014 ISSUED BY THE EXECUTIVE
ENGINEER, OFFICE OF THE EXECUTIVE
ENGINEER, IRRIGATION DIVISION, KOLLAM
ALONG WITH ITS ENGLISH TRANSLATION
Exhibit P2 TRUE COPY OF THE DETAILED ESTIMATE OF
THE PROPOSED BRIDGE
Exhibit P3 TRUE COPY OF THE APPROVED PLAN OF THE
BRIDGE
Exhibit P4 TRUE COPY OF THE LOCATION PLAN OF THE
BRIDGE
Exhibit P5 TRUE COPY OF THE SECTIONAL ELEVATION OF
THE BRIDGE
Exhibit P6 TRUE COPY OF THE LETTER NO: P.S. 05/2014
DATED 12/05/2014 SENT BY THE ASSISTANT
ENGINEER, P.W.D ROADS SECTION,
PATHANAMTHITTA TO THE ASSISTANT
EXECUTIVE ENGINEER, P.W.D ROADS SUB
DIVISION, PATHANAMTHITTA ALONG WITH ITS
ENGLISH TRANSLATION
Exhibit P7 TRUE COPY OF THE AGREEMENT NO.24/AEE(R)
PTA 13-14 DATED 19/05/2014 EXECUTED
BETWEEN THE PETITIONER AND THE ASSISTANT
EXECUTIVE ENGINEER, P.W.D ROADS SUB
DIVISION, PATHANAMTHITTA
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WP(C) 32918/2024
Exhibit P8 TRUE COPY OF THE AGREEMENT
NO.2/AEE/IRRIGATION/ 2014-15 DATED
31/05/2014 EXECUTED BETWEEN THE
PETITIONER AND THE ASSISTANT EXECUTIVE
ENGINEER, IRRIGATION SUB DIVISION,
KOZHENCHERRY, PATHANAMTHITTA
Exhibit P9 TRUE COPY OF THE ORDER NO.B4-2708/2022
DATED 04/08/2022 PASSED BY THE RDO, ADOOR
ALONG WITH ITS ENGLISH TRANSLATION
Exhibit P10 TRUE COPY OF THE APPLICATION FOR PERMIT
FOR THE CONSTRUCTION OF THE BRIDGE
DATED 01/04/2021 BEFORE THE SECRETARY,
PATHANAMTHITTA MUNICIPALITY
Exhibit P10(a) PHOTOGRAPH SHOWING THE CIVIL WORK
UNDERTAKEN BY THE EMPLOYEES OF THE 3RD
RESPONDENT
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
09/09/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
09/09/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED
07/08/2024 IN W.P(C) NO. 28050 OF 2024
