Disposed

Royis v. the Deputy Chief Electrical Inspector

Kerala HC21 Mar 2022WP(C)/5248/2022

Case brief

AI extract

What is this about?

In a writ petition challenging a notice to stop excavation near a 220 KV tower, the Court held that the petitioner violated safety regulations by excavating deeper than permitted. Equities were struck, allowing the petitioner to approach the Electricity Department for compliance with safety measures, including retaining walls, to obtain NOC.

What did the court decide?

Petitioner directed to approach Electricity Department and comply with regulations to obtain NOC.

Royis Vs the Deputy Chief Electrical Inspector — Service and Employment | Kerala HC (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 AMIT RAWAL MONDAY, THE 21^ST DAY OF MARCH 2022 / 30TH PHALGUNA, 1943 WP(C) NO. 5248 OF 2022

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PETITIONER:

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ROYIS AGED 49 YEARS S/O JOHN, KALAPPURAYIL HOUSE, KATHALIKKAD P O, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686670, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER PENNAMMA JOHN, W/O JOHN, AGED 71 YEARS, KALAPPURAYIL HOUSE, KATHALIKKAD P O, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686670. BY ADVS. G.S.KRISHNAN KARTHA LIJIN THAMBAN

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RESPONDENTS:

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1 THE DEPUTY CHIEF ELECTRICAL INSPECTOR DEPARTMENT OF ELECTRICAL INSPECTORTE, PARK AVENUE, ERNAKULAM DISTRICT, PIN-682011.

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2 THE ASSISTANT EXECUTIVE ENGINEER KSEB LTD, TRANSMISSION SUB DIVISION, SUB STATION COMPOUND, PEZHAKKAPPILLY P O, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686673.

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3 MANJALLOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, VAZHAKKULAM P O, ERNAKULAM DISTRICT, PIN-686670. BY ADVS. SRI.JUSTIN JACOB, SR. GOVERNMENT PLEADER SRI.BHAGAVAT SINGH, R3 SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.5248/2022

JUDGMENT

Ext.P7 stop memo notice dated 21.1.2022 of Assistant

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Executive Engineer of the Kerala State Electricity Board issued to the petitioner directing him to stop the excavation work near Tower No.88 of Idukki Kalamassery 220 KV feeder in land survey No.544/2-3-3 of Manjalloor Village, has been challenged before this Court on various grounds. At earlier point of time the petitioner submitted application for building permit before respondent No.3 Grama Panchayath. Overseer Grade III, LSGD Section Manjalloor approved the site plan by specifying cutting area for development of the land as per the approved site plan dated 23.10.2021 Ext.P3. The petitioner removed soil on the northern portion for constructing the ramp, but thereafter respondent No.3 directed him to obtain NOC from the second respondent. Submission of application for NOC resulted into passing of the impugned order. It is contended that the petitioner had not excavated the land as noticed in Ext.P7. The Assistant Engineer of Line Maintenance Section had already inspected the site and made necessary corrections in the approved site plan. A corrected site plan for line clearance NOC on 13.10.2021 as evident from Ext.P6, has already been submitted.

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WP(C) No.5248/2022

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Learned counsel for the respondents filed counter in the court today and submitted that the excavation conducted by the petitioner was beyond the permissible area as granted by the Panchayath and also in violation of Regulation 65(6) of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010, which prohibits cutting of soil within 10 mtrs. from the tower structure of 132 KV and above voltage level shall be permitted without the written permission of the owner of the tower structure. The tower in question is 220 KV. The The excavation has been made beyond the permissible depth of 2.2 mtrs. instead of 1.5 mtrs. Intended construction of the retaining wall as provided under the provisions of the Regulations or the prevailing law, is not permitted.

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3 . I have heard the learned counsel for the parties and appraised the paper book.

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The contents of the letter Ext.P7 reads thus :

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“No.DB14/2020-21/563 Dated:21.1.2022 To Sri. Roice John Kalappurayil House Kadalikkadu P.O., Vazhakkulam.

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Sir,

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Sub:- Un-authorised earth excavation near Tower no.88 of Idukki Kalamassery 220kV feeder - issuing Notice to stop further excavation near the transmission line – regarding.

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Ref: -

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1. Your application dated 09.09.2021 for issuing clearance for

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WP(C) No.5248/2022

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building construction.

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2. This office letter No.DB57/2021-22/TSDM/S23/05.01.2022 addressed to the Deputy Chief Electrical Inspector. Electrical Inspectorate, Ernakulam.

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You had applied for issuing line clearance sanction for your proposed building near 220kV-Idukki Kalamassery I feeder at the tower location No.88 in land survey No: 544/2-3-3 of Manjalloor Village. Inspection was carried out at the proposed site on 05.01.2022 and the clearance measurements were taken. It was noticed that there is insufficient clearance with the present proposal and accordingly it was informed (ref 2) to the Deputy Chief Electrical Inspector, Electrical Inspectorate, Ernakulam that as per C1.65 of CEA Safety Regulations 2010, NOC for cutting of soil within ten meters from the tower structure (tower No.88 of Idukki Kalamassery 220KV feeder) cannot be issued with the present proposal. Your representative was also informed the matter.

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Now, it has come to our notice that earth excavation to a depth of approximately 2.2m is carried out at the very base of the 3m high retaining wall of tower No.88 of Idukki Kalamassery 220kV feeder. This un-authorised carth excavation is posing serious threat to tower No.88 of Idukki Kalamassery 220kV feeder. This is a clear violation of C1.65(6) of CEA Safety Regulations 2010.

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This notice is now issued as per CEA Regulation 2010 (Measures relating to Safety & Electric supply) - clause no.65(6) to stop further earth excavation works near Tower no.88 of Idukki Kalamassery 220kV feeder in land survey No: 544/2-3-3 of Manjalloor Village. Please note that you will be personally held responsible for any accident that occurs due to the un-authorised earth excavation in the proximity of tower No.88 of Idukki Kalamassery 220kV feeder due to violation of the said Regulation.

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Yours faithfully,

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Sd/-

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Assistant Executive Engineer”

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5. Prima facie this Court is of the view that the petitioner

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had excavated the solid earth to the depth of 2.2 mtrs. instead of 1.5 mtrs. and thus there is a violation of Regulation 65(6) of

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Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations 2010, which reads as under :

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“(6) No cutting of soil within ten meters from the tower structure of 132 kV and above voltage level shall be permitted without the written permission of the owner of tower structure.”

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Equities can be struck in case the petitioner approaches the

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WP(C) No.5248/2022

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concerned Electricity Department for setting of the safety measures provided under the Regulation, like retaining wall etc. so that the intended construction commensurate with the revised sanctioned plan already submitted as per the objection of the correction note by the Assistant Engineer Line Maintenance Ext.P5. In case the petitioner approaches the concerned Department and complies with the Rules, necessary NOC may be issued as early as possible.

Sd/-

AMIT RAWAL JUDGE

csl

WP(C) No.5248/2022

APPENDIX OF WP(C) 5248/2022

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PETITIONER EXHIBITS

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Exhibit	P1	A TRUE COPY OF THE DEED NO.914/2011 OF SRO KALLOORKKAD ALONG WITH TRANSLATION INTO ENGLISH LANGUAGE.
Exhibit	P2	A TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE MANJALLOOR VILLAGE OFFICE TO THE PETITIONER DATED 01.07.2021.
Exhibit	P3	A TRUE COPY OF THE APPROVED SITE PLAN FOR DEVELOPMENT OF LAND ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 23.10.2021.
Exhibit	P4	A TRUE COPY OF THE FORWARDING LETTER OF THE 3RD RESPONDENT DATED 8.11.2021 ALONG WITH TRANSLATION INTO ENGLISH LANGUAGE.
Exhibit	P5	A TRUE COPY OF THE CORRECTION NOTED IN SITE PLAN BY THE ASSISTANT ENGINEER LINE MAINTENANCE SECTION.
Exhibit	P6	A TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE APPLICATION FOR LINE CLEARANCE DATED 13TH OCTOBER, 2021.
Exhibit	P7	A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 21.01.2022.
RESPOND	ENTS'	EXHIBITS
Exhibit	R2(a)	True copy of the application submitted by the petitioner dated 09/09/2021
Exhibit	R2(b)	True copy of the application forwarded to the 1st respondent dated 23.11.2021 by the 2nd respondent
Exhibit	R2(c)	True copy of the letter of the 2nd respondent to the 1st respondent dated 05.01.2022
Exhibit	R2(d)	Photographs evidencing the subsequent excavation carried out by the Petitioner

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WP(C) No.5248/2022 7

Royis v. the Deputy Chief Electrical Inspector

Case brief

What is this about?

What did the court decide?

Royis v. the Deputy Chief Electrical Inspector

Case brief

What is this about?

What did the court decide?

What the court decided

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