Dismissed
Hussain v. K.S.E.B
Kerala HCWP(C)/25401/2010
Case brief
from the order text
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
MONDAY, THE 6TH DAY OF FEBRUARY 2012/17TH MAGHA 1933
WP(C).No. 25401 of 2010 (A)
PETITIONER(S):
1. HUSSAIN,S/O.UNNEENKUTTY,AGED 59 YEARS, PALLIPARAMBU HOUSE,PUZHAKKATTARI AMSOM KATUNGAPURAM DESOM,PERINTHALMANNA TALUK.
2. KARUMANNIL SHAJIA,S/O.MUHAMMED,AGED 40 YEARS,KARUMANNIL HOUSE,KOLETHUPARAMBA OTHUKKANGAL, THIRUR TALUK.
3. CHANDRAN,S/O.MANDALATH AYYAPPAN,AGED 45 YEARS,VELIYORA AMSOM AND DESOM,THIRURANGADI TALUK.
4. HAMZAKUTY,S/O.MUHAMMED,AGED 50 YEARS, VALIYORA AMSOM AND DESOM,THIRURANGADI TALUK.
RESPONDENT(S):
1. KERALA STATE ELECTRICITY BOARD,REP. BY ITS SECRETARY,K.S.E.B,PATTOM, THIRUVANANTHAPURAM-695001.
2. DEPUTY CHIEF ENGINEER,TRANSMISSION CIRCLE,MUNDUPARAMBA,MALAPPURAM-674632.
3. ASSISTANT EXECUTIVE ENGINEER,KSEB,220 KV SUB STATION,MALAPPARAMBA-674632.
4. ADDITIONAL ASSISTANT MAGISTRATE, MALAPPURAM 674632.
5. M.K.HAMZA,ATHIKKATTIL HOUSE,KURUVATHUR (PO),ATHAVANAD (VIA),MALAPPURAM DISTRICT 674632.
BY SRI.P.SANTHALINGAM (SR.) BY SRI.C.M.MOHAMMED IQUABAL BY SMT.M.P.BINDU BY SRI.P.P.THAJUDEEN, SC, K.S.E.B BY GOVERNMENT PLEADER THOMAS JOHN AMBOOKKAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RK
WP(C).No. 25401 of 2010 (A)
APPENDIX
PETITIONERS EXHIBITS:
| EXT.P1: | COPY OF COMMISSION PLAN DATED 1.12.09 IN O.S.266/09 ON THE FILE OF SUB COURT, MANJERI |
|---|---|
| EXT.P1(a): | COPY OF OFREPORT OF DO.DO. |
| EXT.P2: | COPY OF THE PETITION SUBMITTED UNDER SECTION 16(1) OF INDIAN TELEGRAPH ACT. |
| EXT.P2(a): | COPY OF THE OBJECTION FILED BY THE PETITIONER IN EXT.P2 |
| EXT.P2(b): | COPY OF THE ADDITION OBJECTION FILED BY PETITIONERS IN |
| EXT.P3: | COPY OF THE REPORT OF ELECTRICAL INSPECTOR DATED 26.05.2010 |
| EXT.P4: | COPY OF THE OBJECTION FILED TO EXT.P3 |
| EXT.P5: | COPY OF THE ORDER OF OTHE O4TH RESPONDENT DATED 28.07.2010 |
| EXT.P6: | COPY OF THE REPLY ISSUED IN REPLY TO THE PETITIONER FILED BY THE ABDUL KHADER |
| EXT.P7: | COPY OF OTHE PLAINT IN O.S.NO.266/2009 BEFORE THE SUB COURT, MANJERI |
RESPONDENTS EXHIBITS:
| EXT.R5(a): | COPY OF THE APPLICATION FORO RENEWAL OF QUARRYING PERMIT FILED BEFORE THE GEOLOGIST MANJERI DATED 26.07.2010 |
|---|---|
| EXT.R5(b): | COPY OF THE FEE RECEIPT DATED 26.07.2010 |
| EXT.R5(C): | COPY OF THE CONSENT LETTER IN THE NAME OF ALI AKBAR DATED 26.07.2010IS PRODUCED HEREWITH AND MARKED AS |
| EXT.R5(d): | COPY OF THE QUARRYING PERMIT RENEWED BY GEOLOGIST MANJERI DATED 06.01.12 |
| EXT.R5(e): | COPY OF THE QUARRYING LICENSE ISSUED BY MOORKKANAD GRAMA PANCHAYATH DATED 09.12.2011 |
| EXT.R5(f): | COPY OF THE PROCEEDINGS OF THE ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM DATED 25.05.2011 |
| EXT.R5(g): | COPY OF THE EXPLOSIVE LICENSE IN THE NAME OF ALI AKBAR, S/O.HAMSA, DATED 25.10.2011 |
/TRUE COPY/
PA TO JUDGE
RK
B.P.RAY, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25401 OF 2010
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2012
JUDGMENT
Petitioners have filed this writ petition with the following prayers:
(i) issue a writ of certiorari or such other writ quashing Ext.P5 as the same is illegal, erroneous and unsustainable in law.
(ii) issue a writ of prohibition, prohibiting the respondents from drawing electric line through the property of the petitioners, through the alignment suggested by the respondents.
W.P.(C)No.25401 OF 2010
:: 2 ::
change of alignment requested by the petitioners. There is no building in the property of the petitioners. As such shifting the line southwords as suggested by the petitioners will not affect any person except the fifth respondent, the illegal quarry operator.
“The disputed sites referred in letter no.E3-1374/10 dated 11-3-2010 of The ADM, Malappuram were inspected from this office on 7-5-2010 and 10-5-2010, and the following facts have been reported.
1. The surveyed route of the respondents who filed the petition through which the proposed 110KV DC line is passing having minimum number of inhabitants with permanent homes.
2. The geographical terrain seems to be Up & Down slopes repeating frequently (small spans). Hence the design of towers become complicated.
W.P.(C)No.25401 OF 2010
:: 3 ::
3. The area under the survey covers with recently planted rubber trees (not milking), climbers, cashew trees, shrebs and hedges/bushes.
4. Near locations A-13 & A-15 (by sides) a quarry is functioning. The territory of operation of the quarry to be specified and notice to be issued showing the existing hazards of rock blasts.
From para 1 to 4 above the following conclusion is arrived.
Any small change in the alignment of the surveyed route will affect other habitants who are staying in their permanent homes by the sides of the proposed Malaparamba-Kuttipuram 110 KV DC line which has to be completed without any delay. Hence no deviation of the surveyed line is being recommended. Therefore the surveyed route of line seems to be more feasible.”
Writ petition is dismissed.
B.P.RAY, JUDGE
jes
Hussain, S/O. Unneenkutty
Karumannil Shajia
Chandran, S/O. Mandalath Ayyappan
Hamzakuty, S/O. Muhammed
Kerala State Electricity Board
M.K. Hamza
B.P. Ray
As recorded by the court registry
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