Kerala High Court
Lijo Jose vs State Of Kerala on 17 June, 2025
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17th DAY OF JUNE 2025 / 27TH JYAISHTA, 1947
WP(C) NO. 19344 OF 2023
PETITIONER/S:
SHEMY PAUL,
AGED 50 YEARS
S/O K.P. PAUL, KOORPPILLIL HOUSE, KOTHAMANGALAM
VILLAGE, KOTHAMANGALAM P.O, ERNAKULAM DISTRICT,
PIN - 686691
BY ADVS.
SHRI.C.DILIP
SHRI.R.PRADEEP
SMT.ANUSHKA VIJAYAKUMAR
RESPONDENT/S:
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
1 REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
PIN - 695004
ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, KOTHAMANGALAM, ERNAKULAM
2
DISTRICT, PIN - 686691
ASSISTANT ENGINEER,
KSEB SECTION-2, KOTHAMANGALAM, ERNAKULAM DISTRICT,
3
PIN - 686691
4 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
2
ADDITIONAL DISTRICT MAGISTRATE,
5 CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
BY ADV ARUNKUMAR A., SC, KSEB
SRI. B. PREMOD, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.06.2025, ALONG WITH WP(C).9104/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 17th DAY OF JUNE 2025 / 27TH JYAISHTA, 1947
WP(C) NO. 9104 OF 2025
PETITIONER/S:
LIJO JOSE,
AGED 36 YEARS
1 S/O. JOSE, CHIRAMEL HOUSE, OONUKAL P.O., AVOLICHAL,
NERIAMANGALAM, ERNAKULAM, PIN - 686693
EMILY JOSE,
AGED 66 YEARS
2 CHIRAMEL, AVOLICHAL,OONNUKAL P.O., KOTHAMANGALAM,
ERNAKULAM, PIN - 686693
ROSE GEORGE,
AGED 68 YEARS
3 GRACE 32/B-2, BHIDBHANJAN SOCIETY, UNIVERSITY ROAD,
RAJKOT, GUJARAT, PIN - 360005
JULIE JOHNSON,
AGED 52 YEARS
4 PALLICKAMALIL, BISONVALLEY P.O., IDUKKI, KERALA, PIN
- 685565
BY ADVS.
SRI.V.S.SHIRAZ BAVA
SRI.V.E.ABDUL GAFOOR
SHRI.T.R.VISHNU
SMT.ANJANA T.S.
SMT.LEENA JAMES
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
4
RESPONDENT/S:
STATE OF KERALA,
REVENUE DEPARTMENT, REPRESENTED BY SECRETARY TO
1 GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
ADDITIONAL DISTRICT MAGISTRATE,
2 CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
3 VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN -
695004
ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, KOTHAMANGALAM, ERNAKULAM
4
DISTRICT, PIN - 686691
ASSISTANT ENGINEER,
KSEB SECTION-2, KOTHAMANGALAM, ERNAKULAM DISTRICT,
5
PIN - 686691
DIVISIONAL FOREST OFFICER (DFO),
DIVISIONAL FOREST OFFICE, KOTHAMANGALAM, KERALA, PIN
6
- 686666
FOREST RANGE OFFICER,
7 KOTHAMANGALAM BAZAR, ERNAKULAM, PIN - 686691
SHEMY PAUL,
S/O. K.P. PAUL, KOORPPILLIL HOUSE, KOTHAMANGALAM
8
VILLAGE, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN
- 686691
BY ADVS.
ARUNKUMAR A., SC, KSEB
SHRI.C.DILIP
SHRI.JIJO JOSEPH
SHRI.AKHIL CHANDRAN
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
5
SRI.B.PREMOD, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.06.2025, ALONG WITH WP(C)19344/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
6
MOHAMMED NIAS C. P. , J.
......................................................................
W. P. (C) Nos.19344/2023 & 9104/2025
...........................................................................
Dated this the 17th day of June, 2025
COMMON JUDGMENT
The prayer in WP(C) No.19344 of 2023 is to direct respondents 2
and 3, Electricity Board, to consider Ext.P5 application submitted by the
petitioner for a Low Tension Connection.
2. The petitioner contends that the Additional District Magistrate,
Ernakulam, earlier, in an application submitted by the predecessor in
interest of the petitioner, through Ext.P2 order dated 06.04.2013 issued
under Section 16(1) of the Indian Telegraph Act, 1885 read with Section 164
of the Indian Electricity Act, 2003, ordered that the route proposed by P1, ie.
route 'ABCDE' in the sketch annexed was feasible and the shortest and most
economical route for effecting connection after considering the alternate
routes suggested. The proceeding before the Additional District Magistrate
was warranted on account of the objections raised by the predecessor in
interest of the petitioners in W. P. (C) 9104/2025.
3. The predecessor in interest of the petitioner in WP(C) No.9104
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
of 2025 had challenged Ext P2 order issued in favour of the predecessor in
interest of the petitioner in W.P. (C) No.19344 of 2023, by filing WP(C)
No.11005 of 2013 and by judgment dated 16th July 2013, the order passed by
the Additional District Magistrate was affirmed through Ext.P3 judgment.
The same was carried in appeal in WA No.338 of 2014, which also ended in
dismissal through judgment dated 2nd June 2015.
4. It was long thereafter that the petitioner herein made the
present application, Ext.P5, for a Low Tension Connection. At that stage, the
Board, through Ext.P5 proceedings in WP(C) No.9104 of 2025 dated
17.05.2023, again referred the matter to the Additional District Magistrate.
The said action is challenged in WP(C) No.19344 of 2023. The prayer in
WP(C) No.9104 of 2025 is to direct consideration of the application preferred
by the petitioner in WP(C) No.19344 of 2023, taking into account the present
lie and nature of the property.
5. After hearing the learned counsel appearing for the petitioners
in either cases, the learned Standing Counsel for the Board and the learned
Government Pleader, it is to be seen that with respect to the same property,
for drawing of electric line, objections were raised earlier, which resulted in
Ext.P2 order in WP(C) No.19344 of 2023 passed by the Additional District
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
Magistrate as per the relevant statutory provisions. The said order was
unsuccessfully challenged in the writ petition and the writ appeal, as stated
above.
6. Given the above, through the very same property, for drawing
an electric line, a fresh proceeding by the Additional District Magistrate is
unwarranted, and KSEB need not have referred the same to the Additional
District Magistrate.
7. Under such circumstances, the reliefs sought for in WP(C)
No.19344 of 2023 are only to be allowed. Respondents 2 and 3 will consider
Ext.P5 application in WP(C) No.19344 of 2023, taking note of Ext.P2 order
passed by the Additional District Magistrate, if the connection is sought
concerning the same property which is the subject matter of Ext.P2.
8. The learned counsel for the petitioner in WP(C) No.9104 of 2025
suggests that there is an alternate route in which the line can be drawn.
The learned counsel for the petitioner in WP(C) No.19344 of 2023 submits
that all the alternative suggestions were considered by the Additional
District Magistrate while passing Ext.P2, and also that the alternate route
now suggested is abutting forest property. I am not inclined to pass any
direction on the request made. However, if all the affected parties arrive at a
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
consensus, it will be open to the Board to make suitable changes to the route
suggested in Ext.P2. In case the petitioner in WP(C) No.19344 of 2023 is not
willing for the said course, the route suggested in Ext.P2 shall be
implemented. In case the petitioners in WP(C) No.9104 of 2025 wish to
submit a proposal, the same shall be submitted within two weeks from
today. Orders on Ext.P5 application in WP(C) No.19344 of 2023 will be passed
taking note of the observations made above within a month from the date of
receipt of a copy of this judgment.
The Writ petitions are disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
2025:KER:42990
WP(C) Nos.19344/2023 & 9104/2025
APPENDIX OF WP(C) 9104/2025
PETITIONER EXHIBITS
TRUE PHOTOCOPY OF SALE DEED NO.4632/2021
Exhibit P1
OF S.R.O, KOTHAMANGALAM DATED 30.11.2021.
TRUE PHOTOCOPY OF ORDER DATED 06.04.2013
Exhibit P2 ISSUED BY THE 2ND RESPONDENT ALONG WITH
THE SKETCH PREPARED BY THE 4TH RESPONDENT
TRUE COPY OF JUDGMENT DATED 16.07.2013 IN
Exhibit P3
W.P (C)NO 11005 OF 2013
TRUE COPY OF JUDGMENT DATED 02.06.2015 IN
Exhibit P4
W.A NO: 338 OF 2014.
TRUE COPY OF THE NOTICE DATED 17.05.2023
Exhibit P5
ISSUED BY THE 2ND RESPONDENT
TRUE PHOTOCOPY OF APPLICATION DATED
Exhibit P6 30.05.2022 SUBMITTED BY THE 8TH RESPONDENT
BEFORE 4TH AND 5TH RESPONDENT.
TRUE COPY OF THE JUDGEMENT DATED
Exhibit P7
03.07.2023 IN W.P(C) NO. 19344/2023
TRUE COPY OF INTERIM ORDER DATED
Exhibit P8
21.07.2023 IN RP 751/2023.
TRUE COPY OF THE ORDER DATED 27.01.2025 IN
Exhibit P9
R.P 751/2023 IN W.P(C) NO. 19344/2023
TRUE COPY OF THE HAND DRAWN SKETCH
Exhibit P10
PREPARED BY THE PETITIONERS
APPENDIX OF WP(C) 19344/2023
PETITIONER EXHIBITS
TRUE PHOTO COPY OF SALE DEED NO.4632/2021
Exhibit P1
OF S.R.O, KOTHAMANGALAM DATED 30.11.2021
TRUE PHOTO COPY OF ORDER DATED 06.04.2013
Exhibit P2 ISSUED BY THE 5TH RESPONDENT ALONG WITH
THE SKETCH PREPARED BY THE 2ND RESPONDENT
TRUE PHOTO COPY OF JUDGMENT DATED
Exhibit P3
16.07.2013 IN W.P ( C ) NO 11005 OF 2013
TRUE PHOTO COPY OF JUDGMENT DATED
Exhibit P4
02.06.2015 IN W.A NO 338 OF 2014
TRUE PHOTO COPY OF APPLICATION DATED
Exhibit P5 30.05.2022 SUBMITTED BY THE PETITIONER
BEFORE RESPONDENTS 2 & 3
