Kerala High Court
M.H. Immamudheen vs The District Collector on 25 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 11586 OF 2023
PETITIONER/S:
M.H. IMMAMUDHEEN,
AGED 54 YEARS
HANEEFA MANZIL, CHITTATTUMUKKU PADINJATTU MUKKU,
KADINAMKULAM VILLAGE., KANIYAPURAM P.O, TRIVANDRUM,
PIN - 695301
BY ADVS.
SABU C.J
APARNA ANIL
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION
ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN -
695043
2 DEPUTY COLLECTOR (GENERAL) AND ADDITIONAL DISTRICT
MAGISTRATE,
2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION
ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN -
695043
3 ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SUB DIVISION, KANIYAPURAM,
THIRUVANANTHAPURAM, PIN - 695301
4 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY THE SECRETARY, 7TH FLOOR, VAIDHYTHI
BHAVANAM, PATTOM, THIRUVANANTHAPURAM., PIN - 695004
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WP(C) NO. 11586 OF 2023
2
5 ADDL.R5. MARIAPPAN N.,
KAAVIL VEEDU, PUTHUKURICHI P.O., THIRUVANANTHAPURAM
DISTRICT, PIN 695 303.
6 ADDL.R6. ANILAL,
S/O. GOPI, REVATHI BHAVAN, NEAR ASARIVILAKOM
TEMPLE, KANDAVILA, KADINAMKULAM, THIRUVAMAMTHAPURAM
DISTRICT, PIN 695 303.
7 ADDL.R7. SHRI.RAJU,
S/O. OUSEPH, ARTHIYIL VEEDU, MARYANAD, PUTHUKURICHI
P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695303.
8 ADDL.R8. SMT.GEETHA,
UPASANA, J-76A, JYOTHI NAGAR,KESAVADASAPURAM,
PATTAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695
004.
9 ADDL.R9. ANITHAKUMARI,
CHATHAYM, NEAR ASARIVILAKOM TEMPLE, KANDAVILA,
KADINAMKULAM, THIRUVAMAMTHAPURAM DISTRICT, PIN 695
303. [ADDITIONAL R5 TO R9 ARE IMPLEADED AS PER
ORDER DATED 04.04.2023 IN I.A.1/2023 IN
WP(C)11586/2023.].
BY ADVS.
ARUNKUMAR A., SC, KSEB
S.JUSTUS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 11586 OF 2023
3
JUDGMENT
The present writ petition has been filed by the
petitioner, impugning the order dated 25.03.2023 in
Ext.P3 passed by the Additional District Magistrate,
Thiruvananathapuram, for providing the electricity
connection to the 5th respondent. The petitioner claims
to be the absolute owner and in possession of the
property having an extent of 89 Are 80 Square Metre
comprised in Sy. Nos. 259/8, 259/9, 259/10, 259/11 and
259/12 by virtue of sale deed nos. 3120/2013, 4499/13
and 677/14 of S.R.O., Kazhakoottam. The 5 th respondent
applied for an electricity connection, however, the
petitioner, who has some dispute with the 5 th respondent,
objected for drawing the electricity line on the proposed
path and therefore, the matter was referred to the
Additional District Magistrate for decision under Section
17 of the Indian Telegraph Act, 1885 ('the Act' for short).
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WP(C) NO. 11586 OF 2023
2.The petitioner as well as the KSEB filed their
response to the notice issued by the Additional District
Magistrate and thereafter, the impugned order has been
passed, which is the subject matter in this writ petition.
3.The learned counsel for the petitioner submits
that the Additional District Magistrate has not considered
the objection filed by the petitioner, as there is no
reference to the objection filed by the petitioner.
Therefore, the order impugned in this writ petition is
perverse, which is liable to be set aside.
4.On the other hand, the learned counsel for the
Electricity Board has submitted five proposals for
consideration before the Additional District Magistrate
and having considered all the proposals, the Additional
District Magistrate has found the 5th proposal as most
suitable, for providing the electricity to the 5 th
respondent.
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WP(C) NO. 11586 OF 2023
5.The 5th respondent has applied for a new LT
service connection in BPL scheme to his newly
constructed house in survey number 260/3-6. The
officials from Electrical section Kaniyapuram inspected
the premises and prepared an estimate of Rs.30,137/- for
the first proposal. The above proposal included
constructing of 30 metres of 2 wire overhead line from
post number CP217/1, two PSC pole (8 meter) insertion,
one support post insertion and drawing 25 meters single
phase weather proof wire, which is the shortest feasible
route. It is stated that due to the property crossing, the
property owners, the additional 6th and 7th respondents
have not given consent to draw electric line through their
property and they objected the said proposal.
6. The officials from Electrical Section
Kaniyapuram again inspected the premises and prepared
proposal No.2 for an estimate of Rs.40,427/-. The
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WP(C) NO. 11586 OF 2023
petitioner and another person Sri. Devarajappanikkar,
were no ready to give consent to draw electric line
through their property and they objected the said
proposal. A petition was filed before the 2nd respondent
by the Kerala State Electricity Board Limited under the
provisions of the Act, and pursuant to this, two hearings
were conducted on 16.11.2022 and 27.12.2022 and also
site inspection was conducted on 06.01.2023 by the 2 nd
respondent himself. Based on the site inspection, the 2 nd
respondent directed the Electricity Board to prepare
another route as proposal No.3. As per the direction of
the 2nd respondent, 3rd proposal was prepared for an
estimate of Rs.54,404/-. To the said proposal, the 8 th
respondent placed objection against the pole insertion
inside her property as per the above proposal and filed a
complaint before the 2nd respondent. The proposed
overhead line as per the above proposal passes across
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one of the corner of the property of the 9 th respondent
and she also raised objection against the above proposal.
7.On 24.02.2023, a hearing was conducted by the
2nd respondent and he directed for submission of two
further proposals. In view of the aforesaid direction, the
proposal Nos.4 and 5 have submitted. The proposal No.4
included inserting three 8 meter PSC poles (two poles
inside the property of the petitioner and one pole inside
the property of the additional 8th respondent,
constructing 70 meters of two wire overhead line and
drawing 30 meters single phase weather proof wire,
which would be the shortest feasible route among the
two new proposals. During the execution of the line
construction work as per the above proposal, an Anvil
tree and two big branches of the Anvil tree will have to
be cut and removed. Therefore, though it was the
shortest route but the cutting of the tree and branches
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was required. The said proposal was not found feasible
and 5th proposal was submitted, which included inserting
of five 8 meter PSC poles-three poles inside the property
of the petitioner and two poles on the pathway of the 5 th
respondent, who is the applicant for the electricity
connection, by constructing 151 metres of 2 wire
overhead line and drawing 28 meters single phase
weather proof wire.
8.Considering the aforesaid fact that, the 4 th
proposal cannot find feasible because of the objection
and cutting of the tree, the 2nd respondent had directed
for drawing the electricity line, in accordance with 5 th
proposal to the property of the 5th respondent.
In view thereof, I do not find that the 2 nd
respondent has committed any error of law or
jurisdiction, which requires this court to interfere with
the detailed order passed by the 2nd respondent, after
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considering all the five proposals in exercise of the
jurisdiction under Article 226 of the Constitution of India.
Considering the limited scope of judicial review against
the administrative action, this court does not find that the
order passed by the 2nd respondent is malafide or bad in
law.
The present writ petition is dismissed as above.
Sd/-
DINESH KUMAR SINGH
JUDGE
SJ
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WP(C) NO. 11586 OF 2023
APPENDIX OF WP(C) 11586/2023
PETITIONER EXHIBITS
Exhibit P1 A COPY OF NOTICE DATED 9.02.2023 ISSUED
BY THE 1ST RESPONDENT.
Exhibit P2 A COPY OF OBJECTION DATED 23.02.2023
FILED BY THE PETITIONER.
RESPONDENT EXHIBITS
Exhibit-R7(a) true copy of the complaint dated
10.04.2023 submitted before the Sub
Divisional Executive Engineer, KSEB Ltd
PETITIONER EXHIBITS
Exhibit P3 A COPY OF THE ORDER DATED 25.03.2023
ISSUED BY THE 2ND RESPONDENT.
Exhibit P1 English translation of Exhibit P1
Exhibit P2 English translation of Exhibit P2
Exhibit P3 English translation of Exhibit P3
