Kerala High Court
Mahdinu Sakhafathul Islamiya vs The Managing Director Of The Kerala ... on 4 July, 2025
WP(C) NO. 5294 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(C) NO. 5294 OF 2025
PETITIONERS:/PETITIONERS
1 MAHDINU SAKHAFATHUL ISLAMIYA,
AGED 55 YEARS
REPRESENTED BY ITS SECRETARY, SWALATH NAGAR,
MELMURI, MALAPPURAM, PIN - 676519
2 SAYED IBRAHEEMUL KHALEELUL BUKHARI THANGAL,
AGED 55 YEARS
S/O SAYED AHAMED IMBEECHIKOYA THANGAL, SECRETARY
OF MAHDINU SAKHAFATHUL ISLAMIYA,SWALATH NAGAR,
MELMURI,MALAPPURAM, PIN - 676519
BY ADVS.
SHRI.RAFEEK. V.K.
SMT.NISHNA P.T.
SHRI.ABDULLA JAMAL
SMT.LYDIA ELIZABETH KOVOOR
SHRI.MUHAMMED BILAL
SMT.ANNLIYA FLEMIN
RESPONDENTS/RESPONDENTS:
1 THE MANAGING DIRECTOR OF THE KERALA STATE
ELECTRICITY BOARD LIMITED (KSEB), VYDYUTHI
BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
2 THE CHIEF ENGINEER,
THE TRANSMISSION OFFICE,NORTH KOZHIKODE,
KOZHIKODE, PIN - 673304
3 THE DEPUTY CHIEF ENGINEER,
THE TRANSMISSION CIRCLE (KSEB), MUNDUPARAMBA,
MALAPPURAM, PIN - 676509
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OTHER PRESENT:
SRI. B. PREMOD, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.5294 of 2025
.............................................................
Dated this the 04th day of July, 2025
JUDGMENT
The writ petition is filed seeking the following prayers:-
"I. Issue a writ of mandamus or any other appropriate writ,
direction or order, directing the respondents not to proceed
with drawing electric transmission line across the property
comprised in survey numbers 491/2B-4 and 491/2B-3 an
extent of 5.66 Ares with Thandaper No. 12688 of Panakkad
Village of Ernad Taluk of Malappuram District.
II. Issue a writ of mandamus or any other appropriate writ,
direction or order, directing the respondents to consider the
Exhibit P4 and P5 applications and pass orders as requested
by the petitioner.
III. To declare that the drawing work of the electric
transmission line conducted by the respondents 2 and 3 across
the property of the petitioner comprised in survey numbers
491/2B-4 and 491/2B-3 an extent of 5.66 Ares with Thandaper
No. 12688 of Panakkad Village of Eranad Taluk of
Malappuram District is illegal and unsustainable.
IV. This Honourable Court maybe pleased to dispense with
filing of the English translation of vernacular documents as
per order dated 04.08.2022 in WP(C) No. 16441/2021;
AND
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V. To issue such other reliefs as this Honourable Court may
deem fit and proper in the circumstances of this case."
2. A counter affidavit has been filed on behalf of the
Board as follows:-
"It is submitted that the KSEB Ltd are in process to construct
a new 33kV line from 110kV substation to the proposed 33kV
Substation named 'INKIL' situated at the land of Inkel
Industrial Park, Oorakam, Malappuram. A land with extend of
50 cents was handed over to KSEB Ltd, on lease for 75 years by
the INKEL authorities for construction of new 33kV
substation. The substation is proposed to distribute electricity
not only to INKEL industry outlets but to nearby areas also,
through proposed l lkV feeder outlets [4Nos]. The intimation
about drawing of the line was already published in gazette
notification vide Kerala Gazette No: 33 Vol. 12 dated 15 th
August 2023. ln connection with the drawing of the new line,
poles are erected on the bank of a small water canal as per the
confirmation from the Minor Irrigation Department. The poles
erected are on the very side of the canal and the line portion
will come over the canal route only. No land area will be
utilised for placing the line other than that used for fixing the
electric poles."
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3. Based on the above, the learned Standing Counsel
appearing for the Electricity Board submits that they do not intend
to proceed with drawing an electric transmission line across the
property comprised in survey numbers 491/2B-4 and 491/2B-3,
measuring an extent of 5.66 Ares with Thandaper No. 12688 of
Panakkad Village of Ernad Taluk of Malappuram District. The
statement made on behalf of the Board is recorded.
4. At the time of admission of the writ petition, an
interim order dated 07.02.2025 was passed directing maintenance
of the status quo as regards the property of the petitioners.
Thereafter, an order was passed on 03.04.2025 clarifying that the
interim order passed by this Court on 07.02.2025 will not prevent
the Board from carrying out any work near the property of the
petitioners without disturbing the property of the petitioners.
5. Given the statement made on behalf of the Board, the
writ petition is disposed of, making the interim orders referred to
above absolute.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
Anu JUDGE
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APPENDIX OF WP(C) 5294/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
09.05.2024
Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS WHICH
SHOWS 110 KV ELECTRIC TRANSMISSION LINE
PASSING THROUGH THE PROPERTY OF THE
PETITIONER
Exhibit P3 THE PHOTOGRAPHS OF THE ELECTRIC POST
TEMPORARILY PLACED IN THE PROPERTY
Exhibit P4 TRUE COPY OF REPRESENTATION DATED
03.02.2025 OF THE PETITIONER TO 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF REPRESENTATION DATED
03.02.2025 OF THE PETITIONER TO 3RD
RESPONDENT
RESPONDENT EXHIBITS
Exhibit R1(A) True copy of the Kerala Gazette
Notification No: 33 Vol.12 dated 15th
August 2023
