JIJO GEORGE v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-17. JIJO GEORGE v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C). No. 25689 OF 2020(I) PETITIONER: 1 JIJO GEORGE AGED 48 YEARS S/O. GEORGE,KARAKUNNEL HOUSE, PARATHODU KARA,KONNATHADY VILLAGE, UDUMBANCHOLA TALUK,IDUKKI-685571. 2 RAJEEV HOUSE, AGED 47 YEARS S/O. JOSEPH,THEKKENELLIKUNNEL HOUSE,KADALIKADU. P. O,MANJALLOOR VILLAGE, MUVATTUPUZHA-686570. 3 E. A. RAHIM, AGED 52 YEARS S/O. ALIYAR,EKKAKARAKUDIYIL HOUSE,MANNANKANDAM VILLAGE,ADIMALI KARA,DEVIKULAM TALUK,IDUKKI-685561. BY ADVS. SRI. GEORGE MATHEW SHRI. PRAVEEN S. SRI. M. D. SASIKUMARAN SHRI. SUNIL KUMAR A. G SRI. DIPU JAMES SHRI. MATHEW K. T. SHRI. GEORGE K. V. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF POWER,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2 THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION,KUYILIMALA,IDUKKI-685603.
3 KERALA STATE ELECTRICITY BOARD(KSEB)LTD, REPRESENTED BY ITS CHAIRMAN,VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004. 4 THE CHIEF ENGINEER, WP(C). No. 25689 OF 2020(I) TRANSMISSION,KSEB LTD,VYDYUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM-695004. 5 THE EXECUTIVE ENGINEER,KSEB LTD, TRANGRID DIVISION,KALOOR,ERNAKULAM, KOCHI-682017. 6 THE ASST. EXECUTIVE ENGINEER, KSEB LTD,TRANSGRID T. C,SUB DIVISION, PALLIVASAL,SUB STATION COMPOUND, COLLEGE. P. O, KOTHAMANAGALAM-686666. R3-6 BY ADV. SRI. SUDHEER GANESH KUMAR. R. SC SUDHEER GANESH KUMAR. , PP REKHA C NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No. 25689 OF 2020(I) JUDGMENT Dated this the 17th day of December 2020 Petitioners challenge Ext. P4. Ext. P4 is an order dated nd 13. 11. 2020 issued by the 2 respondent overruling the objection raised by the petitioners for drawing electric lines through their property.
Petitioners have a contention that the line presently sought to be drawn through their property will practically destroy all benefits of their property and the same will render the property unusable. They submit that there is already an existing electric line through their properties and since it is only is an upgradation of electric line, the said line could be taken through the same alignment itself, if required at a higher level even. There is no objection in the line being drawn through the existing alignment, so that minimal damage will be caused. However the proposed alignment causes great damage and destruction to their property. For this purpose, they have raised their objections for drawing of electric line. 2. The learned standing counsel for the KSEB, on the other hand submits that this is a project that is time bound and more than 237 tower foundations and 219 tower erections that have already been completed out of a total of 275 and the WP(C). No.
25689 OF 2020(I) balance work is being carried out in lightening speed so as to complete the entire project by March 2021. He also points out that tower legs in the petitioners' property have already been constructed and he submits that the tower being constructed is an angle tower and there is no other possible alignment to take the electric line. It is in such circumstances, according to the learned standing counsel, that Ext. P4 was passed overruling the objection raised by the petitioner. 3. I have heard Sri. George Mathew, learned counsel appearing for the petitioners and Sri. Sudheer Ganesh Kumar, learned standing counsel for KSEB and Smt. Pooja Surendran, learned Government Pleader. 4. A reading of Ext. P4 shows that none of the factual nd situations arising in the case has been considered by the 2 respondent while overruling the obstructions. Ext. P4 cannot be termed as a speaking order since the objections raised by the petitioners have not at all been considered nor answered.
The purpose of Section 16B of the Indian Telegraph Act, 1885 does not nd seem to have been borne in mind by the 2 respondent while issuing Ext. P4 order. Since Ext. P4 is not a speaking order, I find that the same is not sustainable in law. Accordingly, WP(C). No. 25689 OF 2020(I) Ext. P4 is set aside. 5. Taking note of the urgency of the project that is being nd carried out, I feel that the matter has to be reconsidered by the 2 respondent in a time bound manner. nd 6. Accordingly, there will be a direction to the 2 respondent to re-consider the objection raised by the petitioners within a minimum period of three weeks from the date of receipt of a copy of this judgment. The petitioners as well as the respondents nd shall appear before the 2 respondent on 23. 12. 2020 and a date of nd nd hearing shall be fixed by the 2 respondent . The 2 respondent shall pass appropriate orders within two weeks from 23. 12. 2020 after hearing all parties. 7.
Needless to say, respondents 3 to 6 shall not continue drawing of electric line and construction of tower in the petitioners' nd property till a decision as directed above is taken by the 2 respondent. This writ petition is thus allowed. Sd/- BECHU KURIAN THOMAS Nsd JUDGE //true copy// PA to Judge WP(C). No. 25689 OF 2020(I) APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT NO. KL06010507028/2020 DTD. 16. 11. 2020 ISSUED FROM VILLAGE OFFICE MANNAMKANDAM TO PETITIONERS 1 AND 2. EXHIBIT P2 TRUE COPY OF LETTER NO. DBO7/19-20/379 DTD. 01. 02. 2020 ISSUED BY 6TH RESPONDENT TO 3RD PETITIONER. EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 11. 11. 2020 FILED BY 3RD PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF ORDER NO. E-8-1807/2020 DTD. 13. 11. 2020 ISSUED BY 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF ROUGH SKETCH DTD. NIL SHOWING PETITION OF PROPERTIES OF PETITIONERS 1 AND 2. EXHIBIT P6 TRUE COPY OF ROUGH SKETCH DTD.
NIL SHOWING POSITION OF PROPERTIES OF PETITIONERS 1 AND 2.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.