Kerala High Court
Elsamma George vs Kerala State Electricity Board Limited on 5 August, 2025
W.P.(c) No.5369 & 21272 of 2025 1
2025:KER:59317
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 21272 OF 2025
PETITIONER:
ELSAMMA GEORGE,
AGED 67 YEARS
W/O. LATE GEORGE, CHETHIPUZHA HOUSE, KURUMPANADOM
KARA & POST, MADAPPALLY VILLAGE, CHANGANACHERRY
TALUK, KOTTAYAM DISTRICT, PIN - 683536
BY ADV SHRI.P.KURUVILLA JACOB
RESPONDENTS:
1 THE TAHSILDAR (LR),
TALUK OFFICE, CIVIL STATION, CHANGANACHERY P.O.,
PIN - 686101
2 THE DISTRICT COLLECTOR,
COLLECTORATE BUILDING, KOTTAYAM, PIN - 686002
3 THE ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION, PERUMPANACHI POST, THENGANA,
CHANGANACHERRY TALUK, PIN - 686536
4 THE EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION, PERUMPANACHI POST,
THENGANA,CHANGANACHERRY TALUK, PIN - 686536
OTHER PRESENT:
SRI. B. PREMOD, SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.08.2025, ALONG WITH WP(C).5369/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) No.5369 & 21272 of 2025 2
2025:KER:59317
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 5369 OF 2025
PETITIONER:
ELSAMMA GEORGE,
AGED 67 YEARS
W/O. LATE GEORGE, CHETHIPUZHA HOUSE, KURUMPANADOM
KARA & POST, MADAPPALLY VILLAGE, CHANGANACHERRY
TALUK, KOTTAYAM DISTRICT, PIN - 686536
BY ADV SHRI.P.KURUVILLA JACOB
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED ,
REPRESENTED BY ITS SECRETARY, VYDHUTHHI BHAVAN,
PATTOM PO,THIRVANANTHAPURAM, PIN - 695004
2 THE ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION, PERUMPANACHI POST, THENGANA,
CHANGANACHERRY TALUK,KOTTAYAM, PIN - 686536
3 THE EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION, PERUMPANACHI POST,
THENGANA,CHANGANACHERRY TALUK, KOTTAYAM, PIN -
686536
SRI. B. PREMOD, SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.08.2025, ALONG WITH WP(C).21272/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) No.5369 & 21272 of 2025 3
2025:KER:59317
MOHAMMED NIAS C.P.,J
---------------------
W.P.(c) Nos.5369 & 21272 of 2025
---------------------------
Dated this the 5th day of August, 2025
JUDGMENT
The prayer in W.P.(c) No.5369 of 2025 is to direct respondents 2 and
3, the officials of the Electricity Board, to remove the electric post from the
premises of the petitioner's commercial building and to install it elsewhere.
2. The contention of the Board in this case is that since there is a
dispute as to whether there is an encroachment into Puramboke land, and
that dispute is pending consideration before the Revenue Authorities, the
matter was referred to theAdditional District Magistrate under Section
68(5) of the Electricity Act, 2003.
3. W.P.(c) No.21272 of 2025 is filed challenging Ext.P2 notice
issued by the 1st respondent seeking to comply with the directions of this
Court in W.P.(c) No.12124 of 2014 dated 13.06.2018. Ext.P2 was
necessitated as the 1st respondent had earlier issued Ext.P8 notice dated
30.04.2025 to which the son of the petitioner had given Ext.P9 reply
seeking an adjournment. Based on the request in Ext.P9, Ext.P2 notice
was again issued on 26.05.2025.
2025:KER:59317
4. Under such circumstances, the remedy of the petitioner is to file
her objections to Ext.P2 and produce such documents necessary, which will
be considered by the 1st respondent, after affording an opportunity of
hearing to the petitioner, and pass orders on the same, in accordance with
law, within two months from the date of receipt of a copy of this judgment.
5. As far as W.P.(c) No.5369 of 2025 is concerned, the learned
Standing Counsel for the Board submits that, because of the dispute,
namely on the encroachment into Puramboke land, the dispute has been
referred to the Additional District Magistrate under Section 68(5) of the
Electricity Act, 2003. Accordingly, it will be open to the petitioner to file
her objections along with the documents before the Additional District
Magistrate in the reference made noted above. The shifting of the post will
be on the basis of the decision to be taken by the Additional District
Magistrate stated above. All the contentions of the petitioner are left open.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bng
2025:KER:59317
APPENDIX OF WP(C) 5369/2025
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE RECEIPT DATED 18.06.24
ISSUED TO PETITIONER FROM MADAPPALLY
GRAMA PANCHAYATH WHILE RECEIVING
PROPERTY TAX FROM HER COMMERCIAL
BUILDING AT MAMMOODU.
EXHIBIT-P2 TRUE COPY OF THE RECENT PHOTOGRAPHS
INDICATING THE POSITION OF THE DISPUTED
ELECTRIC POST NOW SEEN VERY CLOSE TO
PETITIONER'S COMMERCIAL BUILDING AT
MAMMOODU
EXHIBIT-P3 TRUE COPY OF PETITIONER'S COMPLAINT
DATED 24.08.24 FORWARDED TO THE 2ND
RESPONDENT BY SPEED-POST.
EXHIBIT-P3(A) TRUE COPY OF THE POSTAL RECEIPT DATED
19-08-2024 OBTAINED WHILE SENDING EXT-
P3 TO 2ND RESPONDENT.
EXHIBIT-P4 TRUE COPY OF PETITIONER'S LETTER DATED
21.11.24 FORWARDED TO 2ND RESPONDENT BY
SPEED POST.
EXHIBIT-P4(A) TRUE COPY OF THE POSTAL RECEIPT DATED
23.11.24 OBTAINED WHILE SENDING EXT-P4
LETTER TO 2ND RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R1(D) A TRUE COPY OF THE JUDGMENT DATED
13.06.2018 IN W.P.(C) NO.12124 OF 2014
EXHIBIT R1(A) A TRUE COPY OF THE NOTICE DATED ISSUED
BY THE ASSISTANT ENGINEER, ELECTRICAL
SECTION THENGANA DATED 7.12.2023
EXHIBIT R1(B) A TRUE COPY OF THE PETITION SUBMITTED
BY THE 2ND RESPONDENT BEFORE THE
DISTRICT COLLECTOR AND ADDITIONAL
DISTRICT MAGISTRATE DATED 19.07.2024
EXHIBIT R1(C) A TRUE COPY OF THE NOTICE DATED
16.08.2024 ISSUED BY THE DISTRICT
COLLECTOR, KOTTAYAM
EXHIBIT R1(E) A PHOTOGRAPH DEPICTING THE FULL VIEW OF
THE PETITIONER'S BUILDING AND ITS
SURROUNDING AREA
2025:KER:59317
APPENDIX OF WP(C) 21272/2025
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF JUDGMENT DATED 13.06.18 IN
W.P.(C) NO.12124/2014 OF THIS HON'BLE
COURT.
EXHIBIT-P2 TRUE COPY OF NOTICE DATED 26.05.25 OF
FIRST RESPONDENT RECENTLY COMMUNICATED
TO PETITIONER
EXHIBIT-P3 TRUE COPY OF THE RECEIPT DATED 18.06.24
ISSUED BY MADAPPALLY GRAMA PANCHAYATH
WHILE RECOVERING PROPERTY TAX FROM
PETITIONER'S COMMERCIAL BUILDING AT
MAMMOODU
EXHIBIT-P4 TRUE COPY OF PETITIONER'S COMPLAINT
DATED 24.08.24 FORWARDED TO RESPONDENTS
3 & 4.
EXHIBIT-P5 TRUE COPY OF PETITIONER'S COMPLAINT
DATED 21.11.24 COMMUNICATED TO 3RD
RESPONDENT
EXHIBIT-P6 TRUE COPY OF FIRST RESPONDENT'S NOTICE
DATED 22.02.25 COMMUNICATED TO
PETITIONER
EXHIBIT-P7 TRUE COPY OF PETITIONER'S OBJECTION
DATED 01.03.25 SUBMITTED TO FIRST
RESPONDENT.
EXHIBIT-P8 TRUE COPY OF 1ST RESPONDENT'S NOTICE
DATED 30.04.25 AFFIXED AT THE HOUSE OF
PETITIONER DURING HER ABSENCE FROM THE
HOUSE.
EXHIBIT-P9 TRUE COPY OF OBJECTION DATED 08.05.25
OF PETITIONER'S SON FORWARDED TO 1ST
RESPONDENT IN RESPONSE TO EXHIBIT-P8
NOTICE
