Joy Ouseph Vs. the Asst. Executive Engineer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142053
CourtKerala High Court
Decided OnMay-23-2014
JudgeHONOURABLE MR.JUSTICE C.K.ABDUL REHIM
AppellantJoy Ouseph
RespondentThe Asst. Executive Engineer
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice c.k.abdul rehim friday, the23d day of may20142nd jyaishta, 1936 wp(c).no. 11060 of 2014 (f) ---------------------------- petitioner(s): -------------- joy ouseph s/o enasu, ozhukkullikkaran house kainoor post-680014. by advs.sri.mathew john (k) sri.domson j.vattakuzhy respondent(s): -------------- 1. the asst. executive engineer kerala state electricity board, division office ollur-680306.2. the executive engineer vyduthi bhavan, east division, kottappuram thrissur-680664.3. the asst. engineer kerala state electricity board, vettukadu vettukkadu post, thrissur-680014. r1-r3 by adv. sri.sajeevkumar k.gopal,sc,kseb this writ petition (civil) having come up for admission on2305-2014, the court on the same day delivered the following: wp(c).no. 11060 of 2014 (f) ---------------------------- appendix petitioner(s)' exhibits ----------------------- exhibit p1: a true copy of the rough sketch showing the lie of the properties, the highway in question the transformer and the newly erected posts. exhibit p2: photographs showing the installation of the two new electric posts in front of the residential compound. exhibit p2(a): photographs showing the installation of the two new electric posts in front of the residential compound. exhibit p3: a true copy of the representation dated34.2014 by the petitioner before the respondents. respondent(s)' exhibits ----------------------- annexure r1(a) copy of the petition was submitted to the3d respondent dated0304.2014 annexure r1(b) copy of the rough sketch showing the location. /true copy/ p. a. to judge pn c.k. abdul rehim, j.------------------------------------ w.p.(c). no. 11060 of 2014 --------------------------------------------------- dated this the 23rd day of may, 2014 judgment this writ petition is filed alleging inaction on the part of the 1st respondent in not considering ext.p3 request for shifting of the two electric posts (double posts) situated on the side of a public road, abutting to the petitioner's residence.2. in a statement filed on behalf of the respondents it is mentioned that, the newly erected posts will obstruct passage of vehicles when entrance to the property of the petitioner is shifted to the eastern side. it is disputed that the petitioner had submitted ext.p3 request to the respondents, at any point before filing of this writ petition. however, it is conceded that ext.p3 was received on 24.04.2014. it is mentioned that the respondents 1 & 3 had conducted a site inspection on the basis of ext.p3 and it was realised that, shifting of the transformer as well as the disputed posts will be required in view of the road widening proposed by the authorities w.p.(c). no. 11060 of 2014 -2- of the pwd. therefore it is confirmed that, while carrying out the road widening works, the posts in question will be shifted to a convenient place in a manner not obstructing passage to the petitioner's residence.3. the offer made as above, contained in the statement filed on behalf of the respondents, is recorded. the petitioner will be at liberty to approach the respondents seeking necessary action on the basis of the above said undertaking.4. in case the proposal for the road widening is delayed, the petitioner can approach the respondents seeking shifting of the post, provided he is willing to bear the expenses required.5. hence the writ petition is disposed of reserving liberty to the petitioner to pursue further action before the respondents. sd/- c.k. abdul rehim, judge /true copy/ p. a. to judge pn
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 WP(C).No. 11060 of 2014 (F) ---------------------------- PETITIONER(S): -------------- JOY OUSEPH S/O ENASU, OZHUKKULLIKKARAN HOUSE KAINOOR POST-680014. BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): -------------- 1. THE ASST. EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, DIVISION OFFICE OLLUR-680306.

2. THE EXECUTIVE ENGINEER VYDUTHI BHAVAN, EAST DIVISION, KOTTAPPURAM THRISSUR-680664.

3. THE ASST. ENGINEER KERALA STATE ELECTRICITY BOARD, VETTUKADU VETTUKKADU POST, THRISSUR-680014. R1-R3 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2305-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11060 of 2014 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1: A TRUE COPY OF THE ROUGH SKETCH SHOWING THE LIE OF THE PROPERTIES, THE HIGHWAY IN QUESTION THE TRANSFORMER AND THE NEWLY ERECTED POSTS. EXHIBIT P2: PHOTOGRAPHS SHOWING THE INSTALLATION OF THE TWO NEW ELECTRIC POSTS IN FRONT OF THE RESIDENTIAL COMPOUND. EXHIBIT P2(A): PHOTOGRAPHS SHOWING THE INSTALLATION OF THE TWO NEW ELECTRIC POSTS IN FRONT OF THE RESIDENTIAL COMPOUND. EXHIBIT P3: A TRUE COPY OF THE REPRESENTATION DATED34.2014 BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENT(S)' EXHIBITS ----------------------- ANNEXURE R1(A) COPY OF THE PETITION WAS SUBMITTED TO THE3D RESPONDENT DATED0304.2014 ANNEXURE R1(B) COPY OF THE ROUGH SKETCH SHOWING THE LOCATION. /TRUE COPY/ P. A. TO JUDGE Pn C.K. ABDUL REHIM, J.

------------------------------------ W.P.(C). No. 11060 of 2014 --------------------------------------------------- Dated this the 23rd day of May, 2014 JUDGMENT

This writ petition is filed alleging inaction on the part of the 1st respondent in not considering Ext.P3 request for shifting of the two electric posts (double posts) situated on the side of a public road, abutting to the petitioner's residence.

2. In a statement filed on behalf of the respondents it is mentioned that, the newly erected posts will obstruct passage of vehicles when entrance to the property of the petitioner is shifted to the eastern side. It is disputed that the petitioner had submitted Ext.P3 request to the respondents, at any point before filing of this writ petition. However, it is conceded that Ext.P3 was received on 24.04.2014. It is mentioned that the respondents 1 & 3 had conducted a site inspection on the basis of Ext.P3 and it was realised that, shifting of the Transformer as well as the disputed posts will be required in view of the road widening proposed by the authorities W.P.(C). No. 11060 of 2014 -2- of the PWD. Therefore it is confirmed that, while carrying out the road widening works, the posts in question will be shifted to a convenient place in a manner not obstructing passage to the petitioner's residence.

3. The offer made as above, contained in the statement filed on behalf of the respondents, is recorded. The petitioner will be at liberty to approach the respondents seeking necessary action on the basis of the above said undertaking.

4. In case the proposal for the road widening is delayed, the petitioner can approach the respondents seeking shifting of the post, provided he is willing to bear the expenses required.

5. Hence the writ petition is disposed of reserving liberty to the petitioner to pursue further action before the respondents. Sd/- C.K. ABDUL REHIM, JUDGE /true copy/ P. A. to Judge Pn