Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 2027 OF 2024 PETITIONERS: 1 ABIDA BEEVI AGED 59 YEARS, W/O POONKUNJU, DWARAKA PUTHEN VEEDU, VAZHAVILA, VELLIMALA, EDAMON P.O, EDAMON VILLAGE, PUNALUR TALUK, KOLLAM- 691305. 2 SAFIYA AGED 59 YEARS, D/O ASUMA BEEVI, NISHANA MANZIL, VAZHAVILA, VELLIMALA, EDAMON P.O, EDAMON VILLAGE, PUNALUR TALUK, KOLLAM, PIN - 691305.
BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE ABHILASH C.V. VARUN JACOB MIRAL K.JOY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM - 695001. 2 THE DISTRICT COLLECTOR CIVIL STATION RD, KAANKATHU MUKKU, KOLLAM, KERALA, PIN - 691013.
3 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ASSISTANT ENGINEER, KSEB ASSISTANT EXECUTIVE ENGINEER OFFICE, GENERATION SUB DIVISION, THENMALA, KERALA, PIN - 690308. :2: 4 TAHSILDAR PUNALUR TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION, KOLLAM - TENKASI RD, PANAMKUTTYMALA, PUNALUR, PIN - 690308. 5 PRINCIPAL DIRECTOR OF LOCAL SELF GOVERNMENT PUNALUR MUNICIPAL OFFICE, PAIKA TOWN HALL, SH8, PANAMKUTTYMALA, PAIKA, PUNALUR, KERALA, PIN - 686577. 6 VILLAGE OFFICER EDAMONE VILLAGE OFFICE, EDAMON SATHRAM, EDAMON, KERALA, PIN - 691307. 7 JOSE AGED 58 YEARS, S/O NINAN, VAZHAVILA PADINJATTATHIL VEEDU, VAZHAVILA, EDAMON VILLAGE, PUNALUR TALUK, KOLLAM, PIN - 691305.
BY ADVS. SRI.ARUNKUMAR A, STANDING COUNSEL SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3:
JUDGMENT
Dated this the 1st day of February, 2024 The petitioners, who purchased plots of land from the 7 th respondent and who have constructed two residential houses for them in the property under the LIFE Mission Scheme of the Government of Kerala, have approached this Court seeking the following reliefs:-
“i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 to 3 to take effective steps for drawing electric lines to the respective houses of the petitioners situated in Survey No.116/7 B/22/2 of Edamone Village in Punalur Taluk, forthwith. ii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 3rd respondent to issue electric connections to the petitioners as per Exts.P4 and P5 applications. iii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 and 2 to give proper directions to respondents 5 and 6 for taking effective steps to cut and remove the trees standing in the way allotted to the petitioners and to further make it suitable and convenient for ingress and egress to the houses of the petitioners, within a time frame fixed by this Hon'ble Court.
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iv) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to consider Exts.P6 and P7 representations preferred by the petitioners within a time frame fixed by this Hon'ble Court. v) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case.”
2. When the writ petition came up today for hearing,
Standing Counsel representing the Electricity Board submits that though there were some initial obstructions, now the Electricity Board referred the matter to the ADM and at present the electricity lines are drawn to the residence of the petitioners and supply is given on the basis of an order passed by the ADM on 27.01.2024.
3. By supply of electricity through drawn electrical
lines, substantial grievances of the petitioners stand redressed. What is remaining is the prayer of the petitioners to cut and remove the trees standing in the way allotted to the petitioners and to further make it suitable and convenient for ingress and :5: egress to the houses of the petitioners within a time frame.
4. Those prayers relate to civil rights of the petitioners
and the petitioners will have to resort to appropriate proceedings in the ordinary course. However, if the pathway claimed by the petitioners as per Exts.P1 and P2 Sale Deeds are the only access available to their residence and if access is denied, then the petitioners will be at liberty to approach the 2 nd respondent seeking appropriate reliefs. With the said observations and recording the submission made by the Standing Counsel that the electricity is being supplied to the petitioners, the writ petition is disposed of. Sd/- N. NAGARESH JUDGE ams :6: APPENDIX OF WP(C) 2027/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 801/2020 DATED 13.05.2020 WITH RESPECT TO THE 1ST PETITIONER Exhibit 2 TRUE COPY OF THE SALE DEED NO. 802/2020 DATED 13.05.2020 WITH RESPECT TO THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE ORDER DATED 03.08.2023 IN IA NO. 1/2023 IN O.S 153/2023 OF THE MUNSIFF'S COURT, PUNALUR Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 18.11.2022 Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 06.12.2022 Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENT DATED 23.09.2023 Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 23.09.2023 Exhibit P8 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 13.10.2023 Exhibit P9 TRUE COPY OF THE LETTER OF THE 5TH RESPONDENT DATED 16.10.2023 Exhibit P10 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT TO THE 6TH RESPONDENT DATED 19.10.2023