The High Court of Kerala directed respondents 1, 3, and 4 to shift an electric post from the petitioner's road. The court ordered cross-arm installation to avoid the 5th respondent's property, with the Panchayat reimbursing KSEB within one week.
Direction to respondents to shift the electric post using a cross-arm and reimbursement of costs.
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 MURALI PURUSHOTHAMAN
MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944
WP(C) NO. 4593 OF 2022
PETITIONER:
PRINCY SEBASTIAN
AGED 51 YEARS
D/O.SEBASTIAN, THAIPARAMBIL HOUSE, PALATHURUTH KARA,
KOTTAYIKOVILAKAM, CHENDAMANGALAM VILLAGE,
CHENDAMANGALAM P.O., PIN - 683 512, PARAVUR TALUK,
ERNAKULAM DISTRICT.
BY ADVS.
M.G.JEEVAN
BILAL NIAMATHULLA
SANIYA JOSE MAMPILLY
RESPONDENTS:
1SECRETARY
CHENDAMANGALAM GRAMA PANCHAYATH, CHENDAMANGALAM GRAMA
PANCHAYATH OFFICE, CHENDAMANGALAM P.O., PIN - 683 512,
PARAVUR TALUK, ERNAKULAM DISTRICT.
2 TAHASILDAR NORTH PARAVUR, TALUK OFFICE, NORTH PARAVUR, PIN - 683 513.3 ASST. EXECUTIVE ENGINEER KSEB, CHENDAMANGALAM, PIN - 683 521.4 EXECUTIVE ENGINEER NORTH PARAVUR, ELECTRICAL DIVISION, VADAKKUMPURAM P.O., PIN - 683 521.5 FAISAL S/O.ABDUL SAMAD, AGED ABOUT 52 YEARS, SMILING HOUSE (ANCHAMPARUTHI), PALATHURUTH KARA, KOTTAYIL KOVILAKAM, CHENDAMANGALAM VILLAGE, CHENDAMANGALAM P.O., PIN - 683 512.BY ADVS.
DEEPA NARAYANAN
ADVOCATE GENERAL OFFICE KERALA
A.ARUNKUMAR
P.S.SUJETH
K.SUJAI SATHIAN
ASHA MARIAM MATHEWS
W.P.(C) NO. 4593 OF 2022 2
MARY LIYA SABU
M.R.REENA
A.ARUNKUMAR (A-1907)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) NO. 4593 OF 2022 3
JUDGMENT
Dated this the 7th day of November, 2022
The writ petition is filed for a direction to respondents 1, 3 and 4 to shift the electric post No.KKC/41 standing in the Cemetery road owned by the 1st respondent, to any other appropriate point in order to make use the full width of 3 metres of the said road by public including the petitioner and her family.
Accordingly, there will be a direction to respondents 1, 3 and 4 to take necessary steps to execute the electric post shifting work as requested by the Panchayat, by providing cross arm. The Panchayat shall deposit with the KSEB the necessary amount for the shifting of
W.P.(C) NO. 4593 OF 2022 4
the electric post within a period of one week from the date of receipt of copy of this judgment and respondents 3 and 4 shall take necessary steps to shift the electric post immediately thereafter. All other contentions of the parties in the writ petition are left open.
This writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN,
JUDGE
mtk
W.P.(C) NO. 4593 OF 2022 5
APPENDIX OF WP(C) 4593/2022
PETITIONER EXHI |
BITS |
|
|---|---|---|
Exhibit P1 |
TRUE PHOTO COPY OFNO.681/2009 DATED.CHENDAMANGALAM SRO. |
REGD. PARTITION DEED3/6/2009 OF |
Exhibit P2 |
TRUE PHOTO COPY OFNO.3266/1966 DATED.SRO. |
REGD GIFT DEED8/11/1966 OF PARAVUR |
Exhibit P3 |
TRUE PHOTO COPY OFCONTAINED THE ENTRYOF 1ST RESPONDENT G |
THE RELEVANT PAGE, IN THE ASSET REGISTERRAMA PANCHAYATH. |
Exhibit P4 |
TRUE PHOTO COPY OF13/3/2014 ISSUED BYPANCHAYATH AS PER R |
THE COMMUNICATION DATED1ST RESPONDENT GRAMAIGHT TO INFORMATION. |
Exhibit P5 |
TRUE PHOTO COPY OFNO.1674/2006 DATED.CHENDAMANGALAM SRO. |
THE REGD. SALE DEED7/7/2006 OF |
Exhibit P6 |
TRUE PHOTO COPY OFNO.2414/94 DATED. 1CHENDAMANGALAM SRO. |
THE REGD. SALE DEED9/12/1994 OF |
Exhibit P7 |
TRUE PHOTO COPY OF25/8/2016 ISSUED BYRESPONDENT CHENDAMAPANCHAYATH. |
THE COMMUNICATION DATEDSECRETARY, 1STNGALAM GRAMA |
Exhibit P8 |
TRUE PHOTO COPY OF20/3/2017 BEFORE DI |
THE COMPLAINT DATED.STRICT COLLECTOR. |
Exhibit P9 |
TRUE PHOTO COPY OFDATED. 1/7/2017 ISSCOLLECTOR, ERNAKULA |
THE COMMUNICATIONUED BY DISTRICTM. |
Exhibit P10 |
TRUE PHOTO COPY OFDT. 8/3/2018. |
ADVOCATE COMMISSIONER |
Exhibit P11 |
TRUE PHOTO COPY OFSURVEYOR. |
PLAN PREPARED BY TALUK |
Exhibit P12 |
TRUE PHOTO COPY OF22/3/2018 OF TALUKCOMMITTEE. |
PROCEEDINGS DT.LEGAL SERVICE |
Exhibit P13 |
TRUE PHOTO COPY OF12/1/2018 ISSUED BYDIRECTOR, ERNAKULAM |
COMMUNICATION DT.PANCHAYATH DEPUTYTO PASTOR Y.REGI. |
Exhibit P14 |
TRUE PHOTO COPY OF28/6/2018 ISSUED BYRESPONDENT GRAMA PA |
COMMUNICATION DT.3RD RESPONDENT TO 1STNCHAYATH. |
Exhibit P15 |
TRUE PHOTO COPY OFTHE REPORT ON LANDPLANNING COMMISSION |
THE RELEVANT PAGES INRECORDS PUBLISHED BYOF KERALA, MARCH 2017. |
W.P.(C) NO. 4593 OF 2022 6
Exhibit P16TRUE PHOTOCOPY OF THE CERTIFICATE DT.
8/7/2021 ISSUED BY DR.C.M.RADHAKRISHNAN,
SANTHI HOSPITAL, NORTH PARAVUR.
Exhibit P17TRUE PHOTO COPY OF THE PHOTOGRAPHS SHOWING
THE CEMETERY ROAD IS PRODUCED.
RESPONDENT EXHIBITS
Exhibit R5 ATRUE COPY OF THE LOCATION SKETCH ISSUED BY
THE VILLAGE OFFICER, CHENDAMANGALAM
VILLAGE.
Exhibit R5 BTRUE COPY OF THE PUBLIC NOTICE CIRCULATED
AMONG THE LOCAL PEOPLE, BY THE
CHENDAMANGALAM GRAMA PANCHAYATH PRESIDENT.
Exhibit R5CTRUE COPY OF THE ORDER OF THE MUNSIFF
COURT PARAVUR IN DISMISSING THE PETITION
FOR DISPENSE NOTICE UNDER SUB SECTION (1)
OF SECTION 80 CPC
Exhibit R5DTRUE PHOTOGRAPHS SHOWING THE GRAVITY OF
DAMAGE DONE BY THE FAZAL REHMAN AND
SUPPORTERS ON 11.10.2022
1 issue framed by the court
Whether the electricity post can be shifted from the petitioner's property without encroaching on the 5th respondent's land?
Princy Sebastian
Secretary, Chendamangalam Grama Panchayath
Tahasildar North Paravur
Asst. Executive Engineer KSEB
Executive Engineer North Paravur
Faisal S/O Abdul Samad
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court