The High Court of Kerala dismissed a writ petition seeking reconstruction of the petitioner's house or Rs. 25 lakhs compensation. The Court held that writ jurisdiction is inappropriate as the claim requires detailed evidence and court fees, directing the petitioner to avail the alternative remedy.
Petitioner relegated to alternative remedy; writ petition disposed of.
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 AMIT RAWAL
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 26083 OF 2022
PETITIONER/S:
SMT. BABY AGED 65 YEARS D/O.LATE KUNNU BAVA, PADANNATHARA, PANAMBUKADU, VALLARPADAM - 682031.
BY ADVS. ABDUL JALEEL.A M.A.SULFIA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, SECRETARY, THIRUVANANTHAPURAM - 695 001. 2 KERALA STATE ELECTRICITY BOARD ELECTRICITY BHAVAN, PATTOM - 695 004, REPRESENTED BY ITS SECRETARY. 3 KSEB, ELECTRICAL SUB DIVISION VYPIN, ERNAKULAM - 682 019, REPRESENTED BY ITS ASSISTANT EXECUTIVE ENGINEER. 4 DISTRICT COLLECTOR CIVIL STATION, KAKKANADU, ERNAKULAM - 682 030. BY ADV R.HARISHANKAR, SC KSEB GP JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26083 OF 2022
2
JUDGMENT
The petitioner has approached this Court seeking directions to the officials of respondents to reconstruct the house of petitioner within a time bound manner or in the alternative to order to pay compensation of Rs.25 lakhs (Twenty Five Lakhs) to the petitioner towards her loss, suffering and damage.
With the aforementioned observation, writ petition stands disposed of.
Sd/-
sab
AMIT RAWAL JUDGE
WP(C) NO. 26083 OF 2022
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APPENDIX OF WP(C) 26083/2022
PETITIONER EXHIBITS
| Exhibit | P1 THE TRUE COPY LAND TAX RECEIPT DATED 27/10/2009 OF THE PROPERTY ALONG WITH ENGLISH TRANSLATION. |
|---|---|
| Exhibit | P2 THE TRUE COPY OF COMPLAINT DATED 23/1/13 ALONG WITH ENGLISH TRANSLATION. |
| Exhibit | P3 THE TRUE COPY OF APPLICATION DATED 23/1/13 ALONG WITNESS AFFIDAVITS WITH ENGLISH TRANSLATIONS. |
| Exhibit | P4 A TRUE COPY OF COMPLAINT DATED 12/05/22 GIVEN TO 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION. |
| Exhibit | P5 THE TRUE COPY OF THE REPLY DATED 04/06/22 ALONG WITH ENGLISH TRANSLATION. |
| Exhibit | P6 A TRUE COPY OF REPLY DATED 04/07/2022 GIVEN BY 3RD RESPONDENT UNDER RIGHT TO INFORMATION ACT ALONG WITH ENGLISH TRANSLATION. |
| Exhibit | P7 THE TRUE COPY PHOTOGRAPH OF THE HOUSE AT THE TIME OF FAILING OF THE ELECTRIC POST. |
| Exhibit | P8 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT CONDITION OF THE HOUSE OF PETITIONER. |
2 issues framed by the court
Whether writ jurisdiction can be invoked for seeking reconstruction of house or compensation for loss and damage.
Whether the petitioner needs to avail the alternative remedy available for claiming damages.
Smt. Baby
State of Kerala
Kerala State Electricity Board
KSEB, Electrical Sub Division Vypin
District Collector Kakkanadu
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
