Sadik V.J. v. the District Collector
Case brief
What is this about?
Petitioner challenged KSEB construction of an electric tower foundation encroaching on his property. Court allowed compensation of Rs.59,457/-, granted liberty to approach District Court for enhancement, and deferred further construction pending authority's review of tower measurements within one week.
What did the court decide?
Compensation of Rs.59,457/- allowed; liberty to file Electricity OP for enhancement; deferment of further construction granted; two-day leave to file representation for measurement review.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY ,THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940
WP(C).No. 2553 of 2019
PETITIONER/S:
SADIK V.J., AGED 35 YEARS S/O. BEEVI.T.A, VALIYA VELIKKAKATH HOUSE, ROTARY COLONY ROAD, THAIKAVU, CHERNALLUR, KOCHI 34.
BY ADVS. SRI.SAIJO HASSAN SMT.J.KASTHURI SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.U.M.HASSAN
RESPONDENT/S:
- 1 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULM KOCHI 682 030.
- 2 THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM KAKKANAD 682 030.
Issues for consideration
3 issues framed by the court
Whether the Kerala State Electricity Board can construct a tower foundation protruding into the petitioner's property without reducing measurements or providing adequate relief.
Whether the petitioner is entitled to a specific amount of compensation and liberty to seek further relief for reduction of tower measurements.
Whether further construction of the tower foundation and retaining wall should be deferred pending a reconsideration of measurements.
Parties & counsel
- petitioner
SADIK V.J.
- respondent
THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD
- respondent
THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM
- respondent
THE EXECUTIVE ENGINEER K.S.E.B
- respondent
THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B.
Case details
As recorded by the court registry
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