Full Judgment
& connected cases 1 CRP NO. 25 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 83/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA-689663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 MATHAI KANJIKAL, AGED 76 YEARS S/O.ABRAHAM, KANJIKAL HOUSE, KOTTAMONPARA P.O., CHITTAR-SEETHATHODU VILLAGE, PIN-689663. BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER ON 01.09.2021, ALONG WITH CRP.28/2019, 88/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: & connected cases 2 CRP NO. 28 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 86/2012 OF ADDITIONAL
THE PROJECT MANAGER ENERGY DEVELOPMENT CO.LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, IA,ELGIN ROAD, KOLKATA,WEST BENGAL-700020, REPRESENTED BY ITS AUTHOISED SIGNATORY, TOBY ANTONY BY ADV K.SHAJ 1 THE CHIEF ENGINEER KSEB,VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 2 THE KERALA STATE ELECTIRICTY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 3 K.SATHYAN AGED 50 YEARS S/O. KRISHNAN, DEEPA NIVAS, KOTTAMONPARA P.O., CHITTAR, SEETHATHODE VILLAGE, PATHANAMTHITTA
BY ADV SRI.JAISON JOSEPH & connected cases 3 CRP NO. 88 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 64/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB , VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, , VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695 004 BY ADV JAISON JOSEPH 1 MARIYAMMA JOSEPH@KUNJUMOL JOSEPH W/O. V.M JOSEPH, PUTHEN VEEDU, SEETHATHODE P.O., KUMARAMPEROOR NORTH, CHITTAR SEETHATHODE VILLAGE, 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O.,PIN-689 663
BY ADV SHRI.ESM.KABEER & connected cases 4 CRP NO. 175 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 69/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD, ITS SECRETARY, VYDHUTHIBHAVAN, THIRUVANANTHAPURAM- 695004. BY ADV JAISON JOSEPH 1 BIJU VARGHESE S/O. VARGHESE, ANTHIYAMKULAM HOUSE, KOTTAMONPARA P.O, KUMARAMPEROOR NORTH, CHITTOOR-SEETHATHODU VILLAGE- 689663. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, PIN- 699663. BY ADV SHRI.ESM.KABEER & connected cases 5 CRP NO. 158 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 68/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 K.J.THOMAS S/O. THOMAS, KUTTIYIL HOUSE, KOTTAMONPARA P.O. , KUMARAMPEROOR NORTH, CHITTOOR-SEETHATHODU VILLAGE, 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, PIN-689663. BY ADVS. SHRI.ESM.KABEER K.SHAJ & connected cases 6
CRP NO. 167 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 67/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 695 004. BY ADV JAISON JOSEPH 1 R.RAJAPPAN @ GOPI AGED 64 YEARS S/O. RAMAKRISHNAN NAIR, CHAMPAN PUTHENVEETTIL, KOTTAMONPARA P.O., MOONNUKALLU CHITTAR SEETHATTHODE VILLAGE. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., 686 663. BY ADVS. SHRI.ESM.KABEER K.SHAJ & connected cases 7 CRP NO. 159 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 71/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 KOSHY JOHNY AGED 1 YEARS S/O. JONHY, ULLUMKAL PUTHENVEEDU, KOTTAMONPARA P.O, KUMARAMPEROOR NORTH, CITTAR-SEETHATHODU VILLAGE, 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O,PIN- 689663. BY ADVS. SHRI.ESM.KABEER K.SHAJ & connected cases 8 CRP NO. 183 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 70/2012 OF ADDITIONAL DISTRICT COURT (ADHOC), PATHANAMTHITTA, PATHANAMTHITTA 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 THOMAS P.V., S/O VARGHESE, PUNNATHUNDIYIL HOUSE, KOTTAMONPARA P.O., KUMARAMPEROOR NORTH, CHITTAR-SEETHATHODU VILLAGE. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O.,-689663.
BY ADV SHRI.ESM.KABEER & connected cases 9 CRP NO. 212 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELC 73/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOAD, REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVAN, THIRUVANANTHAPURAM-695004 BY ADV JAISON JOSEPH 1 VENUGOPAL S/O. NANU, PUTHENVEETTIL HOUSE, KOTTAMONPARA P.O, KUMARAMPEROOR NORTH, CHITTOOR-SEETHATHODU VILLAGE-689663. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O,PIN-689663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 10 CRP NO. 169 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 73/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 MATHEW DANIEL@ MATHAI DANIEL S/O.DANIEL, PONMELIL HOUSE, KOTTAMONPARA.P.O., KUMARAMPEROOR NORTH CHITTAR-SEETHATHODU VILLAGE. 2 THE PROJECT MANAGER ENERGY DEVELOPMENT COMPANY LTD. ULLUMKAL HYDRO ELECTRIC PROJECT CHITTAR.P.O., PIN-689663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ SHRI.BHARAT VIJAY P. & connected cases 11 CRP NO. 168 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELC 83/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695004.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 MATHAI KANJIKAL, S/O.ABRAHAM KANJIKAL HOUSE, KOTTAMONPARA.P.O., CHITTAR-SEETHATHODU VILLAGE. 2 THE PROJECT MANAGER ENERGY DEVELOPMENT COMPANY LTD. ULLUMKAL HYDRO ELECTRIC PROJECT CHITTAR.P.O., PIN-689663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 12 CRP NO. 163 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 82/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM - 695 004. BY ADV JAISON JOSEPH 1 CHERIYAN THOMAS, S/O.THOMAS, THEKKUMKATTIL HOUSE, KOTTAMONPARA P.O., KUMARAMPEROOR NORTH, CHITTAR - SEETHATHODU VILLAGE. 2 THE PROJECT MANAGER ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., PIN - 689 663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ SHRI.BHARAT VIJAY P. & connected cases 13 CRP NO. 193 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 85/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 VASUKUTTAN S/O KOCHUKUNJU, MAVUNNILKUNNATHIL HOUSE, KOTTAMONPARA.P.O,CHITTOOR-SEETHATHODU VLLAGE-689663. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR.P.O,PIN-689663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 14 CRP NO. 192 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 76/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 JOYAMMA RAJAN W/O. RAJAN, PUKKAMANNIL HOUSE, KOTTAMONPARA P.O, MOONNUKALLU, CHITTAR-SEETHATHODU VILLAGE-689663. 2 THE PROJECT OFFICER, ENERGY DEVELOPMENT COMPANY LIMITED, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, PIN- 689663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ SRI.C.IJLAL & connected cases 15 CRP NO. 191 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 84/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 ABRAHAM.C.M., S/O MATHAI,CHARIVUPURAYIDATHIL HOUSE,KOTTAMONPARA.P.O, CHITTAR-SEETHATHODU VILLAGE-689663. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD,ULLUMKAL HYDRO ELECTRIC PROJECT,CHITTAR.P.O,PIN-689663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 16 CRP NO. 196 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 74/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695 004 BY ADV JAISON JOSEPH 1 N.SOMAN S/O. NANU, PUTHENVEETIL HOUSE, KOTTAMONPARA P.O, KUMARAMPEROOR NORTH, CHITTOOR-SEETHATHODU VILLAGE.- THIRUVANANTHAPURAM 2 THE PROJECT MANAGER ENERGY DEVELOPMENT COMPANY LTD. ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, PIN-689 663
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 17 CRP NO. 276 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 90/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICUTY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695 004. BY ADV JAISON JOSEPH 1 SARASAMMA AGED 75 YEARS D/O KUTTIYAMMA, OTTATHENGIL HOUSE, KOTTAMONPARA P.O. CHITTAR-SEETHATHODU VILLAGE-689 663 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O.PIN 689 663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 18 CRP NO. 277 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 89/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 SIMON P.VARGHESE, AGED 59 YEARS, S/O.VARGHESE, PUNNATHUNDIYIL HOUSE, KOTTAMONPARA.P.O., CHITTAR-SEETHATHODU VILLAGE- 689663. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR.P.O., PIN-689663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 19 CRP NO. 272 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 87/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER KSEB KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 695 004 BY ADV JAISON JOSEPH 1 C.T.THOMAS, S/O. THOAMS, CHARIVUKALAYIL HOUSE, KOTTAMONPARA P.O, CHITTAR-SEETHATHODU VILLAGE. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, PIN 689 663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 20 CRP NO. 275 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 86/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 K.SATHYAN AGED 50 YEARS AGED YEARS, S/O KRISHNAN, DEEPA NIVAS, KOTTAMONPARA P.O, MOONNUKALLU, CHITTAR-SEETHATHODU VILLAGE-689663. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O,PIN-689663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 21 CRP NO. 278 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 88/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM - 695 004. BY ADV JAISON JOSEPH 1 JAYAN, AGED 59 YEARS, S/O.KRISHNAN, NATTIYATHU HOUSE, KOTTAMONPARA P.O. 689663, CHITTAR- SEETHATHODU VILLAGE. 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., PIN - 689 663.
BY ADVS. SHRI.ESM.KABEER SRI.K.SHAJ & connected cases 22 CRP NO. 271 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 72/2012 OF ADDITIONAL 1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 695 004 BY ADV JAISON JOSEPH 1 PRADEEP C.R. CHAMPON PUTHEN VEEDU, ULLUMKAL, KUMARAMPEROOR NORTH, CHITTAR- SEETHATHODE VILLAGE 2 THE PROJECT MANAGER, ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O.PIN 689 663 BY ADVS. SHRI.ESM.KABEER K.SHAJ & connected cases 23 CRP NO. 201 OF 2020 AGAINST THE ORDER/JUDGMENT IN OPELE 154/2013 OF ADDITIONAL 1 THE CHIEF ENGINEER, THE KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 695 004 2 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYSYUTHIBHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004 BY ADV JAISON JOSEPH
1 LEELAMMA VARGHESE AGED 65 YEARS W/O. P.C VARGHESE, PATHALIL HOUSE, KOTTAMONPARA P.O, CHITTAR SEETHATHODU VILLAGE, PIN 689 667 * ADDL. R2 IMPLEADED
2 * ADDL.R2. ENERGY DEVELOPMENT CO.LTD ULLUMKAL HYDRO ELECTRICS PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE OFFICE AT "EDCL HOUSE", IA, ELGIN ROAD, KOLKATA, WEST BENGAL - 700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY, AGED 61 YEARS, S/O.ANTONY KULATHUNKAL, KULATHUNKAL HOUSE, RUBY NAGAR PO, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 103. IS IMPLEADED AS PER ORDER DATED 28.7.2021 IN IA NO.2/2021 IN CRP 201/2020
BY ADVS. ESM.KABEER & connected cases 24 K.SHAJ & connected cases 25 CRP NO. 200 OF 2020 AGAINST THE ORDER/JUDGMENT IN OPELE 155/2013 OF ADDITIONAL 1 THE CHIEF ENGINEER, THE KERALA STATE ELECTRICITY BOARD, VYDHUTHIBHAVAN, THIRUVANANTHAPURAM - 695004, 2 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,KSEB, VYDHUTHIBHAVAN, PATTOM, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 MARIAMMA KURIAKOSE W/O. KURIAKOSE, THADATHUKALAPURAYIDATHIL HOUSE, KOTTAMONPARA P O, CHITTAR SEETHATHODU VILLAGE, PIN - 689667. *ADDL. R2 IMPLEADED
2 * ADDL.R2. ENERGY DEVELOPMENT CO. LTD. (EDCL) ULLUMKAL HYDRO ELECTRICS PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE OFFICE AT "EDCL HOUSE", IA, ELGIN ROAD, KOLKATA, WEST BENGAL - 700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY, AGED 61 YEARS, S/O.ANTONY KULATHUNKAL, KULATHUNKAL HOUSE, RUBY NAGAR PO, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 103. IS IMPLEADED AS PER ORDER DATED 28.7.2021 IN IA NO.3/2021 IN CRP 200/2020
BY ADVS. & connected cases 26 ESM.KABEER K.SHAJ & connected cases 27 CRP NO. 202 OF 2020 AGAINST THE ORDER/JUDGMENT IN OPELE 153/2013 OF ADDITIONAL
1 THE CHIEF ENGINEER, THE KERALA STATE ELECTRICITY BOARD VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695 004. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHIBHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. BY ADV JAISON JOSEPH 1 VIDHYADHARAN S/O.NARAYANAN, NISHA BHAVANAM, KOTTAMONPARA P.O., CHITTAR SEETHATHODU VILLAGE, PIN-689 667.
2 ADDL.R2. ENERGY DEVELOPMENT CO. LTD. (EDCL) ENERGY DEVELOPMENT CO.LTD(EDCL) ULLUMKAL HYDRO ELECTRICS PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE OFFICE AT "EDCL HOUSE", IA, ELGIN ROAD, KOLKATA, WEST BENGAL - 700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY, AGED 61 YEARS, S/O.ANTONY KULATHUNKAL, KULATHUNKAL HOUSE, RUBY NAGAR PO, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 103. IS IMPLEADED AS PER ORDER DATED 28.7.2021 IN IA NO.1/2021 IN CRP 202/2020 & connected cases 28
BY ADVS. SHRI.ESM.KABEER K.SHAJ SMT.C.SHEEBA & connected cases 29 CRP NO. 203 OF 2020 AGAINST THE ORDER/JUDGMENT IN OPELE 152/2013 OF ADDITIONAL 1 THE CHIEF ENGINEER, THE KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVAN,THIRUVANANTHAPURAM-695004. 2 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB,VYDYUTHIBHAVAN,PATTOM, THIRUVANANTHAPURAM-695004. BY ADV JAISON JOSEPH 1 GEORGE TITUS S/O DETHAS GEORGE,PUNNATHUNDIYIL HOUSE, KOTTAMONPARA.P.O, CHITTAR,SEETHATHODU VILLAGE,PIN- 689667.
2 ADDL.R2. ENERGY DEVELOPMENT CO. LTD. (EDCL) ENERGY DEVELOPMENT CO.LTD(EDCL) ULLUMKAL HYDRO ELECTRICS PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE OFFICE AT "EDCL HOUSE", IA, ELGIN ROAD, KOLKATA, WEST BENGAL - 700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY, AGED 61 YEARS, S/O.ANTONY KULATHUNKAL, KULATHUNKAL HOUSE, RUBY NAGAR PO, CHANGANACHERRY, KOTTAYAM DISTRICT - 686 103. IS IMPLEADED AS PER ORDER DATED 28.7.2021 IN IA & connected cases 30
NO.2/2021 IN CRP 203/2020 BY ADV K.SHAJ & connected cases 31 CRP NO. 297 OF 2020 AGAINST THE ORDER/JUDGMENT IN OPELE 152/2013 OF ADDITIONAL
ENERGY DEVELOPMENT CO. LTD(EDCL) ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHTITA-689 663 HAVING ITS CORPORATE OFFICE AT 'EDCL HOUSE', IA ELGIN ROAD, KOLKATA, WEST BENGAL- 700020, REPRESENTED BY ITS AUTHORIZED SIGNATORY, TOBY ANTONY, AGED 61 YEARS, S/O. ANTONY KULATHUNKAL, KULATHUNKAL HOUSE, RUBBY NAGAR P.O., CHANAGANACHERRY
BY ADV K.SHAJ 1 THE CHIEF ENGINEER KSEB ,VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004 2 THE KERALA STATE ELECTRICTY BOARD, REPRESENTED BY ITS SECRETARY, KSEB VYDYUTHI BHAVAN, THIRUVANANTHAPRUAM-695 004 3 GEORGE TITUS, S/O. DETHAS GEORGE, PUNNATHUNDIYIL HOUSE, KOTTAMONPARA P.O. CHITTAR SEETHATHODU VILLAGE, PATHANAMTHITTA-689 667 BY ADV JAISON JOSEPH & connected cases 32 CRP NO. 248 OF 2020 AGAINST THE ORDER/JUDGMENT IN OPELE 153/2013 OF ADDITIONAL
ENERGY DEVELOPMENT CO. LTD (EDCL) ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O RANNI, PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSEA, ELGIN ROAD, KOLKATA WEST BENGAL -700020 REP BY ITS AUTHORISED SIGNATORY, TOBY ANTONY AGED 61 YEARS, S/O.ANTONY KULATHUNKAL, KULANTHUNKAL HOUSE, RUBBY NAGAR P.O., CHANGANACHERRY.
BY ADVS. K.SHAJ SRI.RENJIT GEORGE SRI.C.IJLAL SMT.UMMUL FIDA SRI.ARUN CHAND SHRI.BHARAT VIJAY P. SHRI.JAI GOVIND M.J. 1 THE CHIEF ENGINEER KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004. 2 THE KERALA STATE ELECTRICTIRY BOARD REP BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004. 3 VIDHYADHARAN, S/O.NARAYANAN, NISHA BHAVANAM, KOTTAMONPARA P.O., CHITTAR SEETHATHODU VILLAGE, PATHANAMTHITTA-689 667. & connected cases 33
BY ADVS. STANDING COUNSEL SHRI.ESM.KABEER JAISON JOSEPH & connected cases 34 CRP NO. 329 OF 2020 AGAINST THE ORDER/JUDGMENT IN OPELE 154/2013 OF ADDITIONAL
ENERGY DEVELOPMENT CO. LTD.(EDCL) ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O. RANNI, PATHANAMTHITTA 689 663, HAVING ITS CORPORATE OFFICE AT EDCL HOUSE IA, ELGIN ROAD, KOLKATA WEST BENGAL 700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY, AGED 61 YEARS, S/O. ANTONY, KULATHUNKAL, KULATHUNKAL HOUSE, RUBBY NAGAR P.O. CHANGANACHERY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 695 004. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 695 004. 3 P.C VARGHESE, PATHALIL HOUSE, KOTTAMONPARA P.O. CHITTAR SEETHATHODU VILLAGE, PATHANAMTHITTA 689 667. 4 LEELAMMA VARGHESE, AGED 58 YEARS W/O. P.C. VARGHESE, PATHALIL HOUSE, KOTTAMONPARA P.O. CHITTAR, SEETHATHODU VILLAGE, PATHANAMTHITTA 689 667. BY ADV JAISON JOSEPH & connected cases 35 & connected cases 36 CRP NO. 247 OF 2020 AGAINST THE ORDER/JUDGMENT IN OPELE 155/2013 OF ADDITIONAL
ENERGY DEVELOPMENT CO.LTD.(EDCL) ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA WEST BENGAL- 700020 REP BY ITS AUTHORISED SIGNATORY TOBY ANTONY AGED 61 YEARS, S/O.ANTONY KULATHUNKAL, KULATHUNKAL HOUSE, RUBBY NAGAR P.O., CHANGANACHERRY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER KESB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004. 2 THE KERALA STATE ELECTRICITY BOARD REP BY ITS SECRETARY, KESB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004. 3 MARIAMMA KURIAKOSE W/O.KURIAKOSE, THADATHUKALAPURAYIDATHIL HOUSE, KOTTAMONPARA P.O., CHITTAR SEETHATHODU VILLAGE, PATHANAMTHITTA-689 667,
BY ADVS. STANDING COUNSEL SHRI.ESM.KABEER JAISON JOSEPH & connected cases 37 & connected cases 38 CRP NO. 8 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 76/2012 OF ADDITIONAL THE PROJECT MANAGER ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITA - 689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL - 700 020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY. BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 JOYAMMA RAJAN W/O.RAJAN, PUKKAMANNIL HOUSE, KOTTAMONPARA P.O., MOONNUKALLU, CHITTAR - SEETHATHODU VILLAGE, PIN- 689 663. BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 39 & connected cases 40 CRP NO. 43 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 82/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA -689663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020 REPRESENTED BY ITS AUTHORIZED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 CHERIYAN THOMAS, S/O THOMAS, THEKKUMKATTIL HOUSE, KOTTAMONPARA P.O., KUMARARAMPEROOR NORTH, CHITTAR-SEETHATHODU VILLAGE,- 689663.
BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 41 CRP NO. 65 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 67/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA-689663, HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY. BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 R.RAJAPPAN @ GOPI, AGED 64 YEARS S/O.RAMAKRISHNAN NAIR, CHAMPAN PUTHENVEETTIL, KOTTAMONPARA P.O., MOONNUKALLU, CHITTAR, SEETHATHODE VILLAGE-689663. BY ADVS. SRI.JAISON JOSEPH & connected cases 42 SHRI.ESM.KABEER & connected cases 43
CRP NO. 46 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 70/2012 OF ADDITIONAL THE PROJECT MANAGER ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR.P.O., RANNI, PATHANAMTHITTA-689663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS AUTHORIZED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KESB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 THOMAS P V., S/O.VARGHESE, PUNNATHUNDIYIL HOUSE, KOTTAMONPARA.P.O., KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE, PIN-689663.
BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 44 CRP NO. 37 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 68/2012 OF ADDITIONAL THE PROJECT MANAGER ENERGY DEVELOPMENT CO. LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663, HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY. BY ADV K.SHAJ 1 THE CHIEF ENGINEER KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 K.J. THOMAS S/O. THOMAS, KUTTIYIL HOUSE, KOTTAMONPARA P.O, KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE, PIN-689 663 BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 45 & connected cases 46 CRP NO. 26 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 85/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO.LTD. ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC PROJECT,CHITTAR P.O., RANNI, PATHANTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, IA, ELGIN ROAD, KOLKATA, WEST BENGAL-700020,REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY BY ADV K.SHAJ 1 THE CHIEF ENGINEER KSEB KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHIBHAVAN, THIRUVNANTHAPURAM 3 VASUKUTTAN AGED 54 YEARS S/O. KOCHUKUNJU, MAVUNILKUNNATHIL HOUSE, KOTTAMONPARA P.O., CHITTAR, SEETHATHODE VILLAGE, PIN-689 663 & connected cases 47 BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 48 CRP NO. 55 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 75/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO.LTD. ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL- 700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY. BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 MATHEW DANIEL @ MATHAI DANIEL KOTTAMONPARA P.O, KUMARARAMPEROOR NORTH, CHITTAR- SEETHATHODU VILLAGE, PIN-689 663 BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 49 CRP NO. 98 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 84/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO.LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA 689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL 700 020 REPRESENTED BY ITS AUTHORITSED SIGNATORY TOBY ANTONY. BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB,VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 3 ABRAHAM C.M AGED 57 YEARS S/O. MATHAI, CHARIVUPURAYIDATHIL HOUSE, KOTTAMONPARA P.O, CHITTAR-SEETHATHODU VILLAGE, PIN 689 663. BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 50 CRP NO. 108 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 90/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA- 689663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL- 700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM- 695008. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM- 695008. 3 SARASAMMA, AGED 75 YEARS D/O.KUTTIYAMMA, OTTATHENGIL HOUSE, P.O.CHITTAR, SEETHATHODE VILLAGE, PIN- 690663. BY ADV SRI.JAISON JOSEPH & connected cases 51 CRP NO. 59 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 89/2012 OF ADDITIONAL
THE PROJECT MANAGER, ENERGY DEVELOPMENT CO. LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663, HAVING ITS CORPORATE OFFICE AT EDCL HOUSE 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695 025 2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 023 3 SIMON P . VARGHESE AGED 52 YEARS, S/O. VARGHESE, PUNNATHUNDIYIL HOUSE, KOTTAMONPARA P.O, CHITTAR, SEETHATHODE VILLAGE, PIN- 689663.
BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 52 CRP NO. 36 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 69/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO.LTD, ULLUMKAL HYDRO ELECTRIC PROJECT,CHITTAR P.O.RANNI, PATHANAMTHITTA-689 663,HAVING ITS CORPORATE OFFICE AT EDCL HOUSE,1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020,REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY. BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB,VYDYUTHIBHAVAN,THIRUVANANTHAPURAM 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB,VYDYUTHI BHAVAN,THIRUVANANTHAPURAM 3 BIJU VARGHESE, S/O VARGHESE, ANTHIYAMKULAM HOUSE,KOTTAMONPARA P.O.KUMARAMPEROOR NORTH, CHITTAR SEETHATHODE VILLAGE,PIN 689 663. BY ADVS. SRI.JAISON JOSEPH SRI.E.S.MOHAMED KABIR & connected cases 53 CRP NO. 73 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 87/2012 OF ADDITIONAL THE PROJECT MANAGER,ENERGY DEVELOPMENT CO.LTD. ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL - 700 020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM - 695 001. 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM- 695 001. 3 C.T.THOMAS, AGED 50 YEARS S/O THOMAS, CHARIVUKALAYIL HOUSE, KOTTAMONPARA P.O., CHITTAR, SEETHATHODE VILLAGE, PIN - 689 663. BY ADVS. SRI.JAISON JOSEPH & connected cases 54 SHRI.ESM.KABEER & connected cases 55
CRP NO. 58 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 73/2012 OF ADDITIONAL THE PROJECT MANAGER ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P. O., RANNI, PATHANAMTHITTA - 689 HAVING ITS CORPORATE OFFICE AT 'EDCL HOUSE', 1A, ELGIN ROAD, KOLKATA, WEST BENGAL - 700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY
BY ADV K.SHAJ 1 THE CHIEF ENGINEER KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM - 695 001 2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM - 695 001 3 VENUGOPAL S/O. NANU, PUTHENVEETTIL, KOTTAMONPARA P. O., KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE, PIN - 689 663 BY ADVS. SRI.JAISON JOSEPH SRI.E.S.MOHAMED KABIR & connected cases 56
CRP NO. 62 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 64/2012 OF ADDITIONAL THE PROJECT MANAGER ENERGY DEVELOPMENT CO. LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AR EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-689603 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-689 603 3 MARIYAMMA JOSEPH @ KUNJUMOL JOSEPH W/O. V.M. JOSEPH, PUTHEN VEEDU, SEETHATHODE P.O, KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE, PIN-689 663 BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 57 CRP NO. 40 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 72/2012 OF ADDITIONAL THE PROJECT MANAGER, ENERGY DEVELOPMENT CO.LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O.RANNI, PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, IA ELGIN ROAD, KOLKATA , WEST BENGAL-700020,REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB,VYDYUTHIBHAVAN,THIRUVANANTHAPURAM 2 THE KERALA STATE ELECTIRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB,VYDYUTHI BHAVAN,THIRUVANANTHAPURAM 3 PRADEEP C.R, CHAMPU PUTHEN VEEDU, UL LAMKAL KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE, PIN 689 663. BY ADV SRI.JAISON JOSEPH & connected cases 58 CRP NO. 119 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 88/2012 OF ADDITIONAL
THE PROJECT MANAGER, ENERGY DEVELOPMENT CO. LTD, ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663, HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY , KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 JAYAN AGED 52 YEARS S/O. KRISHNAN, NATTIYATHU HOUSE, KOTTAMONPARA P.O, CHITTAR, SEETHATHODE VILLAGE, PIN- BY ADV SRI.JAISON JOSEPH & connected cases 59
CRP NO. 33 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 74/2012 OF ADDITIONAL THE PROJECT MANAGER ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA-689 663, HAVING ITS CORPORATE OFFICE AND EDCL HOUSE, IA, ELGIN ROAD, KOLKATTA, WEST BENGAL-700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY
BY ADV K.SHAJ 1 THE CHIEF ENGINEER, KSEB,VYDYUTHIBHVAN, THIRUVANANTHAPURAM-695023 2 THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHIBHVAN, THIRUVANANTHAPURAM-695023 3 N.SOMAN, S/O. NANU, PUTHENVEETTIL, KOTTAMONPARA P.O., KUMARAPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE, PIN-689 663 BY ADVS. SRI.JAISON JOSEPH SHRI.ESM.KABEER & connected cases 60 CRP NO. 27 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPELE 71/2012 OF ADDITIONAL THE PROJECT MANAGER ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA - 689 663, HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL - 700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ 1 THE CHIEF ENGINEER KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM. 2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3 KOSHY JOHNY S/O.JOHNY, ULLUMKAL PUTHEN VEEDU, KOTTAMONPARA P.O., KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE, PIN - 689 663. BY ADVS. SRI.JAISON JOSEPH SRI.E.S.M.KABEER & connected cases 61
V.G.ARUN, J.
----------------------------------------------- CRP.Nos.25, 8 , 26, 27, 28, 33, 36, 37, 40, 43, 46, 55, 58, 59, 62, 65, 73, 88, 98, 108, 119, 158, 159, 163, 167, 168, 169, 175, 183, 191, 192, 193, 196, 212, 271, 272, 275, 276, 277, 278 of 2019 and 200, 201, 202, 203, 247, 248, 297 & 329 of 2020 ----------------------------------------------- Dated this the 1st day of September, 2021
ORDER
These civil revision petitions arise out of four sets of common orders by which the Additional District Court-I, Pathanamthitta decided 24 original petitions. The original petitions were filed by land owners, seeking enhanced compensation for the loss sustained by them consequent to the cutting down of their yielding and fruit bearing trees and diminution of land value, due to the drawing of High Tension electric line for the Ullunkal Project of the Energy Development Company Ltd. (EDCL). At the request of the EDCL, the High Tension electric line was drawn by the Kerala State Electricity Board (KSEB). The petitioners being adjoining land owners having common grievance, the original petitions were jointly tried in four batches and the impugned awards passed. The reasoning and finding in the awards are similar. The only difference is with respect to the number of trees and the extent of land. Out of these 48 civil revision petitions, 24 are & connected cases 62 filed by the EDCL and 24 by the KSEB.
2. Heard Sri.Jaison Joseph, learned Counsel for the KSEB, Sri.K.Shaj, learned counsel for EDCL and Sri.E.S.M.Kabeer, learned counsel for the party respondents/original petitioners.
3. The common contentions urged by the counsel for the KSEB
and EDCL are as under; In the original petitions, only the Chief Engineer, KSEB was arrayed as a respondent. The KSEB and the Project Manager, EDCL were made parties at a later stage. On behalf of the KSEB, its Standing Counsel had contested the matter, whereas the EDCL was not represented by a lawyer. In four original petitions, neither the KSEB nor EDCL were not made parties.
4. The original petitions filed under the Indian Electricity Act,
1910 and the Electricity (Supply) Act, 1948 were not maintainable, since those Acts were repealed and replaced by Electricity Act, 2003. Hence, the court below committed an illegality in awarding compensation under Section 51 of the Electricity Act, 1910 read with Section 42 of the Electricity (Supply) Act, 1948 and Section 16 of the Indian Telegraph Act, 1885. Under Section 51 of the Indian Electricity Act, 1910 and Section 48 of the Electricity (Supply) Act, 1948, the State Government was empowered to confer upon any officer, licencee or other person engaged in the business of supplying energy & connected cases 63 to the public, the authority for placing electricity supply lines, appliances and apparatus for the transmission of energy, upon which, such officer, licencee or other person shall have the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885. The power to place telegraph and to maintain lines and posts is provided under Section 10 of the Indian Telegraph Act, 1885 and Section 16(3) stipulates that disputes concerning sufficiency of the compensation to be paid under Section 10 shall be determined by the District Judge within whose jurisdiction the property is situated. In the Electricity Act of 2003, there is no provision pari materia with Section 51 of the Indian Electricity Act, 1910 or Section 42 of the Electricity (Supply) Act, 1948. On the contrary, Section 67(3) of the new Act stipulates that the licencee shall, in exercise of powers conferred by or under the Section and the Rules made there under, cause as little damage, detriment and inconvenience and shall make full compensation for any damage, detriment or inconvenience caused. As per Section 67(4), any difference or dispute including amount of compensation under Sub-section (3) shall be determined by the Appropriate Commission. Section 2(4 defines 'Appropriate Commission' as the Central Regulatory Commission referred to in Section 76(1), or the State Regulatory Commission referred to in Section 82 or the Joint Commission referred to in Section 83. Hence, & connected cases 64 after introduction of the Electricity Act, 2003 disputes regarding compensation cannot be decided by the District Judge. Such disputes can only be decided by the Appropriate Commission.
5. Alternatively, it is contended that even if, for the sake of
argument, it is accepted that the District Court is not denuded of its jurisdiction, the award is liable to be set aside, since the compensation is fixed based on conjectures and surmises. The KSEB had assessed the value of the trees based on the market price of yields obtained from the Department of Economic and Statistics. Instead of fixing the compensation based on that data, the court below fixed the value of the trees on its own. No documentary evidence to prove the market value of similarly situated land was produced by the original petitioners, in spite of which the court below fixed the centage value and allowed diminution of 50% for the fully affected areas and 25% for partly affected areas. There was no acceptable evidence to prove the claim towards injurious affection and no mention about the topography and locational features was made in the Advocate Commissioner's report. The compensation ought to have been determined in accordance with the directives in Airport Authority of India v.Satyagopal Roy [(2002) 3 SCC 5270].
6. Learned counsel for the respondents contended that yielding
trees of the petitioners were cut and their properties were adversely & connected cases 65 affected by the drawing of the high tension line. The petitioners are disabled from using their lands to its full potential and cannot erect permanent structures beneath the High Tension lines. The land owners are not paid just compensation even after ten years. Being persons depending on agriculture for their livelihood, the land owners are put to extreme hardship and loss due to the delay in disbursal of compensation. The contention that the District Court does not have jurisdiction and only the Appropriate Commission can decide the disputes regarding compensation has no basis. The very same issue was considered by the High Court of Madhya Pradeh in W.P(C).No.7558 of 2021. Therein it is held that the common law right to get compensation cannot be curtailed. The amount of compensation has been reckoned in the manner prescribed in Airport Authority of India (supra) and KSEB v. Livisha Viswantha [(2007) 6 SCC 792]. The KSEB as well as the EDCL were impleaded as additional respondents in the original petitions and cannot therefore assail the order on the ground of lack of opportunity for hearing.
7. A perusal of the impugned orders reveals that the EDCL was
neither represented by a lawyer nor set ex parte in the lower court. It is settled law that the requisitioning authority has a right to be heard in all proceedings pertaining to acquisition. In four original petitions, the EDCL and KSEB were not even impleaded. Being so, I am inclined & connected cases 66 to remand these matters, so as to provide an opportunity to the requisitioning authority to contest the cases on merits. As far as the contention that the court below had not fixed the compensation in strict adherence to the procedure prescribed in Airport Authority of India, I deem it appropriate to extract the following paragraph from the judgment;
“8. It is settled law that in evaluating the market value of the acquired property, namely, land and building or the land with fruit-bearing trees standing thereon, value of both is to be determined not as separate units but as one unit. Therefore, it would be open to the Land Acquisition Officer or the court, either to assess the land with all its advantages and fix the market value thereof on the basis of comparable sale instances. In cases where comparable sale instances are not available and where there is reliable and acceptable evidence on record of the annual income, market value could be assessed and determined on the basis of net annual income multiplied by appropriate multiplier for its capitalization. In the case of fruit-bearing trees their net yield is to be taken into consideration, that is to say, by deducting expenses incurred for getting the yield and also the value of the timber and expenses to cut and remove the trees from the land. For capitalising the income, previously income from the gilt-edged securities was the basis, but thereafter rate of interest in the nationalized banks where deposits are quite safe is taken into consideration as the proper basis. If the interest rate in a nationalized bank or other safe investments, on a long-term fixed deposit, say is 10%, and the yield from the trees p.a. is Rs 5000, then for getting the said income, deposits of Rs 50,000 would be required to be made. Hence, the value of & connected cases 67
the said trees along with the land can be safely assessed as Rs 50,000. In the present case, there is no question of acquiring the land. The land remains with the claimants. The question is limited with regard to payment of compensation for the damages because of cutting of trees. With regard to fruit-bearing trees, their lifespan including risk factor is also required to be taken into consideration. Hence, yield of trees multiplied by an appropriate multiplier for its capitalization after taking into consideration all relevant factors would be the basis for determining the compensation.”
I also find merit in the contention that the determination of centage value was made without taking into account comparable sale instance. In the result, the impugned orders are set aside and the original petitions are remanded for fresh consideration. The court below shall pass fresh orders on the original petitions, after affording opportunity to the parties for adducing evidence. The original petitions being of the year 2012, the court below shall take earnest efforts to dispose the cases within an outer limit of six months from the date of receipt of a copy of this order. The civil revision petitions are disposed of as above. Sd/- V.G.ARUN, JUDGE vgs & connected cases 68 APPENDIX OF CRP 200/2020 PETITIONER ANNEXURE ANNEXURE A1 TRUE PHOTOCOPY OF THE OBJECTION FILED ON
BEHALF OF THE REVISION PETITIONERS IN OP(ELE) 155 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT-1, PATHANAMTHITTA. ANNEXURE A2 TRUE PHOTOCOPY OF THE PETITION IN IA NO.1 OF 2020 FILED BY THE REVISION PETITIONERS IN OP(ELE) 155 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT-1, PATHANAMTHITTA. ANNEXURE A3 TRUE PHOTOCOPY OF THE PETITION IN IA NO.2
OF 2020 FILED BY THE REVISION PETITIONERS IN OP(ELE) 155 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT - 1, PATHANAMTHITTA. & connected cases 69
APPENDIX OF CRP 202/2020 PETITIONER ANNEXURE ANNEXURE A1 TRUE PHOTOCOPY OF THE OBJECTION FILED ON BEHALF OF THE REVISION PETITIONERS IN OP(ELE) 153 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT-1, PATHANAMTHITTA. ANNEXURE A2 TRUE PHOTOCOPY OF THE PETITION IN IA NO.1 OF 2020 FILED BY THE REVISION PETITIONERS IN OP(ELE) 153 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT 1, PATHANAMTHITTA. ANNEXURE A3 TRUE PHOTOCOPY OF THE PETITION IN IA NO.2
OF 2020 FILED BY THE REVISION PETITIONERS IN OP(ELE) 153 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT 1, PATHANAMTHITTA. & connected cases 70
APPENDIX OF CRP 203/2020 PETITIONER ANNEXURE ANNEXURE A1 TRUE PHOTOCOPY OF THE OBJECTION FILED ON BEHALF OF THE REVISION PETITIONERS IN O.P(ELE.)152 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT-1,PATHANAMTHITTA. ANNEXURE A2 TRUE PHOTOCOPY OF THE PETITION IN I.A.NO.1 OF 2020 FILED BY THE REVISION PETITIONERS IN O.P.(ELE.)152 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT-1, PATHANAMTHITTA. ANNEXURE A2 TRUE PHOTOCOPY OF THE PETITION IN I.A.NO.1 OF 2020 FILED BY THE REVISION PETITIONERS IN O.P(ELE.)152 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT-1, PATHANAMTHITTA. ANNEXURE A3 TRUE PHOTOCOPY OF THE PETITION IN I.A.NO.2
OF 2020 FILED BY THE REVISION PETITIONERS IN O.P(ELE.)152 OF 2013 ON THE FILE OF ADDITIONAL DISTRICT COURT-1, PATHANAMTHITTA. & connected cases 71 APPENDIX OF CRP 297/2020 PETITIONER ANNEXURE ANNEXURE-A1 THE TRUE COPY OF THE CLAIM PETITION DATED 10.11.2013 FILED BY THE PETITIONER IN OP (ELECTRICITY) 152/2013 BEFORE THE DISTRICT COURT, PATHANAMTHITTA & connected cases 72 APPENDIX OF CRP 248/2020 PETITIONER ANNEXURE ANNEXURE A1 THE TRUE COPY OF THE CLAIM PETITION DATED (ELECTRICITY) 153/2013 BEFORE THE DISTRICT COURT, PATHANAMTHITTA.