Abdul Salam vs the Additional District Magistrate, Malappuram,

Abdul Salam vs The Additional District Magistrate, Malappuram,

Type Court Judgment Court Kerala Decided Aug 01, 2023

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Citation: sooperkanoon.com/1378878
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Aug 01, 2023
Case Number: WP(C)/25078/2023

Parties & Advocates

Appellant / Petitioner

Abdul Salam

Respondent

The Additional District Magistrate, Malappuram,

Excerpt

.....building therein within the jurisdiction of 5 th respondent grama panchayat. he states that the kerala state electricity board is taking steps to install a transformer abutting his property posing danger to the inmates of his house. therefore, he preferred exts.p2 and p3 representations before respondents 3 and 4 respectively. however, no action has been taken thereon and the kseb is proceeding with the installation of the transformer. accordingly, the petitioner has approached this court for a direction to respondents 2 to 5 not to install the transformer abutting the residential house of the petitioner.2. heard the learned counsel for the petitioner and the learned standing counsel for the electricity board.3. the learned standing counsel for the kseb, oninstructions, submits that the installation of the transformer is already over and what remains is only energizing the same. it is further submitted that the transformer is installed in the property surrendered to the panchayat by one sharafudheen. since ext.p3 representation is pending before the 4 th respondent, there will be a direction to the 4 th respondent to consider the same after hearing the petitioner and the secretary of the panchayat concerned and any other affected persons within a period of one month from the date of receipt of a certified copy of this judgment. in case, the 4th respondent finds that the complaint of the petitioner is genuine, necessary steps to relocate the transformer shall be taken. the writ petition is disposed of as above. sd/- murali purushothaman judge al/- appendix of wp(c) 25078/2023 petitioner exhibits exhibit p1 the true copy of basic tax receipt issued by the peruvallur village dated 27.11.2021 exhibit p2 the true copy of the representation filed by the petitioner before the 3rd exhibit p3 the true copy of the representation filed by the petitioner before the 4th

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 25078 OF 2023 PETITIONER/S: ABDUL SALAM AGED 52 YEARS S/O. AVARAN, CHERANCHIRI HOUSE, SIDDIKKABAD,PERUVALLUR P.O., TIRURANGADI TALUK,MALAPPURAM DISTRICT, PIN - 673638 BY ADV C.M.MOHAMMED IQUABAL RESPONDENTS: 1 THE ADDITIONAL DISTRICT MAGISTRATE,
MALAPPURAM, COLLECTORATE, CIVIL STATION, UP HILL, MALAPPURAM P.O., PIN - 676505 2 KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN., PIN - 695004 3 THE DIVISIONAL EXECUTIVE ENGINEER, KSEB OFFICE, VENNIYUR P.O., MALAPPURAM DISTRICT, PIN - 676508 4 THE ASSISTANT EXECUTIVE ENGINEER, KSEB OFFICE, KUNNUMPURAM, KUNNUMPURAM P.O., MALAPPURAM DISTRICT, PIN - 676305 5 PERUVALLUR GRAMA PANCHAYATH, PANCHAYATH OFFICE, PARAMBILPEEDIKA, PERUVALLUR, MALAPPURAM DISTRICT REP.BY ITS SECRETARY, PIN - 676317
BY SMT.PARVATHY - G.P. BY SRI. A ARUNKUMAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MURALI PURUSHOTHAMAN, J.
--------------------------------------------- W.P.(C) No.25078 of 2023 ------------------------------------------------- Dated this the 1st day of August, 2023

JUDGMENT

The petitioner is the owner of 4.5 cents of land and a residential building therein within the jurisdiction of 5 th respondent Grama Panchayat. He states that the Kerala State Electricity Board is taking steps to install a transformer abutting his property posing danger to the inmates of his house. Therefore, he preferred Exts.P2 and P3 representations before respondents 3 and 4 respectively. However, no action has been taken thereon and the KSEB is proceeding with the installation of the transformer. Accordingly, the petitioner has approached this Court for a direction to respondents 2 to 5 not to install the transformer abutting the residential house of the petitioner.

2. Heard the learned counsel for the petitioner and the learned standing counsel for the Electricity Board.

3. The learned Standing counsel for the KSEB, on

instructions, submits that the installation of the transformer is already over and what remains is only energizing the same. It is further submitted that the transformer is installed in the property surrendered to the Panchayat by one Sharafudheen. Since Ext.P3 representation is pending before the 4 th respondent, there will be a direction to the 4 th respondent to consider the same after hearing the petitioner and the Secretary of the Panchayat concerned and any other affected persons within a period of one month from the date of receipt of a certified copy of this judgment. In case, the 4th respondent finds that the complaint of the petitioner is genuine, necessary steps to relocate the transformer shall be taken. The writ petition is disposed of as above. Sd/- MURALI PURUSHOTHAMAN JUDGE al/- APPENDIX OF WP(C) 25078/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF BASIC TAX RECEIPT ISSUED BY THE PERUVALLUR VILLAGE DATED 27.11.2021 Exhibit P2 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD Exhibit P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH

Same Court & Year Kerala · 2023 Same Parties Abdul Salam vs The Additional District Magistrate, Malappuram, Same Judge Honourable Mr.Justice Murali Purushothaman