Remanded

Anil.B.Menon v. Kerala State Electricity Board

Kerala HC12 Feb 2019WP(C)/793/2019

Case brief

AI extract

What is this about?

This writ petition challenged a notice from KSEB to demolish a building constructed under a power line. The court directed the Electricity Board to refer the matter to the Electrical Inspectorate for a decision, ensuring the petitioner receives a hearing opportunity.

What did the court decide?

Directed KSEB to refer the issue to the Electrical Inspectorate within one week for a decision after hearing the parties.

Anil.B.Menon Vs Kerala State Electricity Board — Property and Title | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY ,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940

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WP(C).No. 793 of 2019

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PETITIONER:

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ANIL.B.MENON AGED 50 YEARS S/O.LATE V.G.BALAKRISHNA MENON, VELAKKADAVI(H),WARRIAM ROAD,NEAR LOTUS CLUB,M.G.ROAD,ERANAKULAM,PIN-682016.

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BY ADV. SRI.N.P.PRAJEESH

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM, PIN-695004.

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2 EXECUTIVE ENGINEER

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KERALA STATE ELECTRICITY BOARD, ERANAKULAM DIVISION,PIN-682011.

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3 ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION,MARADU,ERNAKULAM, PIN-682017.

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4 ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LIMITED, OFFICE OF THE ASSISTANT ENGINEER, LINE MAINTENANCE SECTION-1,KALAMASSERY, ERNAKULAM,PIN-695004.

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BY ADVS. SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BOARD LIMITED SRI.ARUNKUMAR A., SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 793 of 2019

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JUDGMENT

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The petitioner impugns Ext.P11 communication issued to him by the Kerala State Electricity Board Ltd. (KSEB for short), to demolish a building constructed by him under a 110KV line running between Kalamassery and Aroor in Ernakulam District. According to the petitioner, he has constructed the building in question under a valid building permit issued by the concerned Local Self Government Institution and that no complaints or objections have been raised even by the KSEB at the time when the construction was carried on or completed. He, therefore, says that after the construction was complete, the KSEB could not have issued Ext.P11, especially when they had earlier given a temporary connection for construction of the said building knowing fully well that it was being constructed under the 110 KV line between Kalamassery and Aroor. He thus assails Ext.P11 as being illegal and unconstitutional.

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Sri. A. Arun Kumar, the learned standing counsel appearing for the KSEB, submits that whatever be the assertions or allegations now being impelled by the petitioner, a construction that is in gross danger to the lives of human beings cannot be allowed. He concedes, however, that

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WP(C).No. 793 of 2019

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these are issues which ought to have been considered by the Electrical Inspectorate and not by the Assistant Engineer who issued Ext.P11 and he volunteers that the matter will be referred by the KSEB to the Electrical Inspectorate, before whom the petitioner can also be given an opportunity of being heard.

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Sri. N.P. Prajeesh, the learned counsel appearing for the petitioner, submits that his client has no objection in the matter being referred to the Electrical Inspectorate, but he pleads that the said Authority be directed to take a decision not merely on technicalities, but taking into account the practical difficulties being faced by his client.

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In the afore circumstances, I direct the the competent Authority of the KSEB to refer this issue to the Electrical Inspectorate forthwith and in any event, not later than one week from the date of receipt of a copy of this judgment. On the files thus reaching the Electrical Inspectorate, they will issue appropriate notice to the petitioner, as also to the officials of KSEB and thereafter afford them an opportunity of being heard. Based on such hearing, the competent Electrical Inspector will take an apposite decision, taking note of the fact that the KSEB themselves had granted temporary connection for

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WP(C).No. 793 of 2019

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construction of the building and thereafter issue an appropriate order

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and communicate the same to the petitioner as expeditiously as is possible, but not later than one month from the date of receipt of the files from the KSEB.

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I make it clear that the Competent Authority of the Electrical Inspectorate will consider the case of the petitioner sympathetically, taking note of his rather peculiar plight, since he says that he has expended to the extent possible, all his life savings on this building and then also decide whether any other protective mechanisms can be put in place, so as to save the building, if it is so permissible in law.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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Ns //True copy// PA to Judge

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WP(C).No. 793 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE PHOTOCOPY OF DATED 17/07/2018.	THE OCCUPANCY CERTIFICATE
EXHIBIT P2	TRUE PHOTOCOPY OF DATED 24.07.2018.	THE OWNERSHIP CERTIFICATE
EXHIBIT P3	TRUE PHOTOCOPY OF DATED 24.07.2018.	THE OWNERSHIP CERTIFICATE
EXHIBIT P4	TRUE PHOTOCOPY OF 24.07.2018.	THE TAX RECEIPT DATED
EXHIBIT P5	TRUE PHOTOCOPY OF 24/07/2018.	THE TAX RECEIPT DATED
EXHIBIT P6	TRUE PHOTOCOPY OF BY THE PETITIONER	THE APPLICATION SUBMITTED DATED 14.08.2018.
EXHIBIT P7	TRUE PHOTOCOPY OF BY THE PETITIONER	THE APPLICATION SUBMITTED DATED 14.08.2018.
EXHIBIT P8	TRUE PHOTOCOPY OF 26.09.2018 IN W.P( THIS HON'BLE COURT	THE JUDGMENT DATED C)NO.31509/2018 PASSED BY .
EXHIBIT P9	TRUE PHOTOCOPIES O 10.10.2018 SHOWING ISSUED TO THE PETI	F THE RECEIPTS DATED THE REMITTANCE OF FEES TIONER.
EXHIBIT P9 A	TRUE PHOTOCOPY OF 10.10.2018 SHOWING ISSUED TO THE PETI	THE RECEIPT DATED THE REMITTANCE OF FEES TIONER.
EXHIBIT P9 B	TRUE PHOTOCOPY OF 10.10.2018 SHOWING ISSUED TO THE PETI	THE RECEIPT DATED THE REMITTANCE OF FEES TIONER.
EXHIBIT P9 C	TRUE PHOTOCOPY OF 10.10.2018 SHOWING ISSUED TO THE PETI	THE RECEIPT DATED THE REMITTANCE OF FESS TIONER.
EXHIBIT P10	TRUE PHOTOCOPY OF 15.10.2018 ISSUED	THE LETTER DATED BY THE 3RD RESPONDENT.
EXHIBIT P11	TRUE PHOTOCOPY OF	THE NOTICE DATED

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WP(C).No. 793 of 2019

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21.11.2018 ISSUED BY THE 4TH RESPONDENT.

Anil.B.Menon v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Anil.B.Menon v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

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