Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 17TH DAY OF AUGUST 2023 / 26TH SRAVANA, 1945 WP(C) NO. 16119 OF 2023 PETITIONER/S:
1 MALIK DINAR E.B., AGED 38 YEARS S/O. BAVA, EDAPPARA HOUSE, COMPANYPADY, NELLIKUZHI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT -686691 2 SHEFEEK E.B., AGED 36 YEARS S/O. BAVA, EDAPPARA HOUSE, COMPANYPADY, NELLIKUZHI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT-686691 3 ALINAS M MUHAMMED, AGED 30 YEARS S/O. MUHAMMED, MANJAKKAL HOUSE, COMPANYPADY, NELLIKUZHI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT-686691 4 SHEFEEK C..E., AGED 32 YEARS S/O. EBRAHIM, CHITTETHUKUDI HOUSE, COMPANYPADY, NELLIKUZHI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT- BY ADVS. PEEYUS A. KOTTAM HRITHWIK D. NAMBOOTHIRI(K/001502/2018)
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD - KSEB, REPRESENTED BY THE SECRETARY, VAIDHYUDI BHAVAN, PATTOM, THIRUVANTHAPURAM. -695004 2 THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, OFFICE OF THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, PERUMBAVOOR, PERUMBAVOOR P.O., ERNAKULAM DISTRICT- 683542 3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA, ERNAKULAM DISTRICT- 4 THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT -686666 5 ADDL.R5. NELLIKUZHY GRAMA PANCHAYATH NELLIKUZHY P.O., KOTHAMANGALAM, ERANAKULAM DISTRICT -
686691, REPRESENTED BY ITS SECRETARY (ADDL.R5 IS IMPLEADED AS PER ORDER DATED 22-06-2023 IN IA 1/2023 IN WP9C0 16119/2023) 6 ADDL. R6. NASER M.M AGED 51 YEARS, S/O. MOITHEEN, MANAKKATTU HOUSE, TALUK, ERNAKULAM, PIN - 686691 7 ADDL. R7. LENIN AGED 49 YEARS, S/O. MUHAMMED, KARAMATTATHIL HOSUE, TALUK, ERNAKULAM, PIN- 686691 8 ADDL. R8. SAJU AGED 60 YEARS, S/O. KASEEM, PUTHENPURAYIL HOUSE, TALUK, ERNAKULAM, PIN - 686691 9 ADDL. R9. MYTHEEN M.M AGED 60 YEARS, S/O. MUHAMMED, MANAKKATTU HOUSE, TALUK, ERNAKULAM, PIN - 686691 (ADDL.R6 TO R9 IS IMPLEADED AS PER ORDER DATED 22-06-2023 IN IA 2/23 IN WP(C) 16119/2023) BY ADVS. B.PRAMOD ARUNKUMAR A., SC, KSEB K.S.ARUN KUMAR S.RENJITH P.K.SREEVALSAKRISHNAN K.R.PRATHISH
OTHER PRESENT: SC: K S ARUN KUMAR & B PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 17th day of August, 2023 The petitioners state that they are permanent residents of Nellikuzhi Panchayat in Kothamangalam Taluk. They are aggrieved by the installation of a transformer on the road leading to their building which is having only 3 meter width. According to the petitioners, installation of transformer will cause danger to the local residents as well as the passers by. Accordingly, they filed this writ petition for a direction to respondents 1 and 2 not to install the transformer in the curved portion of the road which is abutting Companypady - Chirappady road.
2. Certain residents of the area have got
themselves impleaded in the writ petition and contended that they have been clamoring long for installation of a transformer in view of low voltage in the area. The Grama Panchayath has also got impleaded themselves in the writ petition opposing the averments of the petitioners.
3. A statement has been filed by the learned
standing counsel appearing for the Electricity Board, wherein it is stated that the site now proposed for the installation of the transformer is technically more feasible than any other location.
4. The learned counsel for the petitioners
submits that, there are puramboke lands where the transformer can be installed without causing any obstruction to the ingress and egress of the petitioners or vehicular traffic.
5. Since the dispute is with regard to the
installation of the transformer, I am of the view that the 3rd respondent has to refer the dispute for adjudication of the Additional District Magistrate in exercise of the powers under Sec.16(1) of the Indian Telegraph Act. Accordingly, the Assistant District Magistrate, Muvattupuzha is suo motu impleaded as additional 10th respondent in the writ petition.
6. Accordingly, there will a direction to the
3rd respondent/Assistant Executive Engineer to refer the dispute regarding installation of transformer to the additional 10th respondent, the Additional District Magistrate, Muvattupuzha within a period of one week from the date of receipt of a copy of this judgment. The Additional District Magistrate shall hear the petitioners, respondents 6 to 9 and the Secretary of the Panchayat and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of reference by the 3rd respondent. It will be open for the Additional District Magistrate to conduct site inspection. Till orders are passed as above, there will be stay of installation of the transformer at the proposed site. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SM APPENDIX OF WP(C) 16119/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE LAND TAX RECEIPT DATED OFFICE, TO THE 2ND PETITIONER Exhibit P-2 TRUE COPY OF THE OWNERSHIP CERTIFICATES DATED PANCHAYATH TO THE PETITIONERS 1 AND 2 WITH RESPECT TO THEIR COMMERCIAL BUILDING Exhibit P-3 TRUE PHOTOGRAPH SHOWING THE LIE OF THE ROAD
IN QUESTION, PROPOSED SPOT WHERE THE TRANSFORMER IS INTENDED TO BE INSTALLED BY THE RESPONDENTS AND THE ACCESS TO THE COMMERCIAL BUILDING OF THE PETITIONERS 1 AND
Exhibit P-4 . TRUE COPY OF MASS REPRESENTATION DATED 4 OTHERS TO THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE PATHWAY TO THE PETITIONER'S PROPERTY Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY SRI. DEAN KURIAKOSE, MP, IDUKKI DISTRICT TO THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE APPLICATION DATED 01.06.2023 SUBMITTED RTI Exhibit P8 TRUE COPY OF THE REPLY DATED 19.06.2023 ISSUED IN PURSUANT TO EXT.P7 Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED UNDER RTI Exhibit P10 TRUE COPY OF THE RTI APPLICATION DATED 08.06.2023 Exhibit P11 TRUE COPY OF THE REPLY DATED 14.06.2023 ISSUED IN ANSWER TO EXT.P10. RESPONDENT EXHIBITS Ext.R26a) True copy of the photographs showing the lie and nature of the building Ext.R6(b) True copy of the relevant pages of
representation dated 25.04.2023 submitted by this respondents and other persons in the locality to the Assistant Engineer, KSEB