Disposed

Thomson Thomas v. District Collector

Kerala HC14 Oct 2022WP(C)/32621/2022

Case brief

AI extract

What is this about?

Petitioners apprehended danger to life from overhanging tree branches near KSEB power lines. Court closed the petition accepting assurances from Electricity Board regarding maintenance, reserving liberty for further application if necessary steps were not taken.

What did the court decide?

Writ petition closed reserving liberty to move application before Sub Divisional Magistrate if necessary steps are not taken.

Thomson Thomas Vs District Collector — Writ and Judicial Review | Kerala HC (2022)

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W.P.(C) No.32621/2022

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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 V.G.ARUN

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FRIDAY, THE 14^TH DAY OF OCTOBER 2022 / 22ND ASWINA, 1944 WP(C) NO. 32621 OF 2022

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PETITIONERS:

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1 THOMSON THOMAS AGED 75 YEARS S/O.M.C.THOMAS, MADAKKAKUZHY HOUSE, T.B.ROAD, KANJIRAPPALLY.P.O, 686507.

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2 MRS. LAILA THOMSON, AGED 77 YEARS W/O.THOMSON THOMAS, MADAKKAKUZHY HOUSE, T B ROAD, KANJIRAPPALLY.P.O, PIN-686507. BY ADVS. BHARATH MURALI THOMAS C.ABRAHAM VARGHESE M.K.

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RESPONDENTS:

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1 DISTRICT COLLECTOR KOTTAYAM, (CHAIRPERSON DISTRICT DISASTER MANAGEMENT CELL) COLLECTORATE.P.O, KOTTAYAM-686002. 2 THE REVENUE DIVISIONAL OFFICER KOTTAYAM, OFFICE OF REVENUE DIVISIONAL OFFICER, COLLECTORATE.P.O, KOTTAYAM-686001. 3 THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD, KANJIRAPPILLY CHANTHA TO MAIN ROAD BYPASS, KOKKAPPALLY, KANJIRAPPALLY, KERALA-686555. 4 KERALA STATE ELECTRICITY BOARD LTD,

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W.P.(C) No.32621/2022

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REPRESENTED BY ITS MANAGING DIRECTOR, VYDYUTHI

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BHAVANAM, PATTOM, THIRUVANANTHAPURAM, KERALA, INDIA, PIN-695004. 5 NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY THE ZONAL OFFICER, T.C 86/1036-1, AMBLY ARCADE S.N.N.R.A-9, PETTAH.P.O,THIRUVANANTHAPURAM,KERALA-695024.

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6 KANJIRAPPALLY GRAMA PANCHATAT, REPRESENTED BY PANCHAYATH SECRETARY, KANJIRAPPALLY.P.O, KOLLAM-THENI HIGHWAY, OPP TO CANARA BANK, KOTTAYAM, KERALA-686507.

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OTHER PRESENT:

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SHRI.B.G.BIDAN CHANDRAN-SC, SHRI.B.PREMOD-SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.32621/2022

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V.G.ARUN J.

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W.P.(C) No.32621 of 2022

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Dated this the 14th day of October 2022

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JUDGMENT

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This writ petition is filed voicing an apprehension that the overhanging branches of tree standing in close proximity to the KSEB transformer and 11 KV power lines at Kurishinkal Town in Kanjiralppily may endanger the lives of passers by.

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Learned Counsel for the petitioners submits that mere lopping off the branches will not suffice, and the District Magistrate, in exercise of the power under Section 133 of the Code of Criminal Procedure, should direct to cut and remove the tree.

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Learned Standing Counsel for the Electricity Board submits that branches of the tree is being lopped off periodically and maintenance work of 11 KV lines in the area is scheduled for 16/10/2022. If the branches are found to be posing any threat or touching upon the 11 KV lines or transformer, necessary steps will be taken to cut down the branches.

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In view of the assurance given on behalf of the KSEB that, all necessary steps will be taken to avert untoward incidents due to the

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W.P.(C) No.32621/2022

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proximity of the tree to the transformer and the 11 K.V.line, the writ petition is closed reserving the petitioners' liberty to move an application

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before the Sub Divisional Magistrate if necessary steps are not taken.

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If such a complaint is necessitated, the second respondent shall

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necessarily consider the same and take appropriate action.

Sd/-

V.G.ARUN Judge

dpk

W.P.(C) No.32621/2022

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APPENDIX OF WP(C) 32621/2022

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PHOTOGRAPH OF THE TREES GROWING THROUGH THE TRANSFORMER AND 11 KV POWER LINES Exhibit P2 REPRESENTATION BY 2ND PETITIONER FILED BEFORE THE 1ST RESPONDENT DATED 29.05.2022. Exhibit P3 REPRESENTATION BY 2ND PETITIONER FILED BEFORE THE 3RD RESPONDENT DATED 18.06.2022. Exhibit P4 REPRESENTATION BY 2ND PETITIONER FILED BEFORE THE 6TH RESPONDENT DATED 18.06.2022 Exhibit P5 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 18.06.2022.

Thomson Thomas v. District Collector

Case brief

What is this about?

What did the court decide?

Thomson Thomas v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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