Disposed

Reghu R.Unnithan v. Kerala State Electricity Board

Kerala HC27 Mar 2023WP(C)/25157/2016

Case brief

AI extract

What is this about?

The Kerala High Court disposed of an old writ petition filed by a petitioner in person seeking writs mandamus for the construction and commissioning of an electricity substation and a drinking water project. The Court found that a substation had already been constructed and commissioned, thereby addressing the petitions' prayers and disposing of the matter without further adjudication.

What did the court decide?

The writ petition is disposed of as the prayers sought have been addressed; pending interlocutory applications are closed.

Reghu R.Unnithan Vs Kerala State Electricity Board — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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MONDAY, THE 27TH DAY OF MARCH 2023 / 6TH CHAITHRA, 1945
WP(C) NO. 25157 OF 2016

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PETITIONER:

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RAGHU R.UNNITHAN

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AGED 65 YEARS, S/O. K. RAMAN UNNITHAN,
MUTTATHIL HOUSE, KAVALAM P.O.,
ALAPPUZHA DISTRICT, PIN-688 506.

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BY SRI.RAGHU R.UNNITHAN (PARTY IN PERSON)

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.

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2 KERALA WATER AUTHORITY THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR.

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3 THE CHIEF ENGINEER (TRANSMISSION) KERALA STATE ELECTRICITY BOARD, VAIDUTHI BHAVAN, THIRUVANANTHAUPURAM.

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BY ADVS.

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SRI.JOSWIN THAMPI KUNNATH, SC, KERALA STATE ELECTRICITY
BOARD LIMITED
SRI.P.M. JOHNY, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.25157 of 2016

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JUDGMENT

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Dated this the 27^th day of March, 2023

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S.Manikumar, C.J.

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On 21.03.2023, we passed the following order:

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“Instant writ petition is filed by Mr.Reghu R. Unnithan, party-in-person, seeking the following reliefs:

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“i) To issue a writ of mandamus or other appropriate writ or order directing respondents 1 & 3 to complete the construction and commission the 33 KVA KSEB sub station in Resurvey No. 217/9 & 226/3, Block No. 28 of Vellavoor Village in Vellavoor Grama Panchayat forthwith or within such time as this Hon'ble Court may deem just and proper in the interest of justice;

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ii) To issue a writ of mandamus or other appropriate writ or order directing the 2^nd respondent to implement Major Manimala Drinking Water Project Forthwith or within such time as this Hon'ble Court may deem just and proper in the interest of justice.”

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Though the writ petition is pending since 2016, today when the matter is taken up, there is no representation for the party-in-person.

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Mr.Joswin Thambi Kunnath, learned standing counsel for the Kerala State Electricity Board Ltd. (respondent No.1) and Mr.P.M. Johny, learned standing counsel for the Kerala Water Authority (respondent No.2), are directed to get instructions as to whether the construction and commission of 33KVA KSEB Sub Station in Resurvey Nos.217/9 and 226/3, Block No.28 of Vallavoor

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W.P.(C)No.25157 of 2016

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Village in Vellavoor Grama Panchayat, has been completed and functional.”

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Based on the instructions from the Kerala State Electricity Board Ltd., Mr.Joswin Thampi Kunnath, learned standing counsel, submitted that the land offered in Vellavoor Village by Vellavoor Panchayat was not technically feasible for constructing a 33 KV Substation; that the KSEB Ltd. has constructed a 33 KV Substation near to Manimala town in a ‘puramboke’ land purchased from Revenue Authorities; that the Substation was commissioned on 27.05.2017 with 4nos of 11KV outgoing feeders; that the said substation was constructed in exact load centre, a technically feasible location and is ready for catering any load demand of the locality; that the completion of the substation has also helped to improve the voltage level of Manimala area and that the Vellavoor 11 KV feeder from 33 KV Manimala Substation is now feeding the drinking water projects of Vellavoor and Manimala area owned by water authority having HT consumer nos 35/7675 & 35/9182.

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W.P.(C)No.25157 of 2016

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Placing on record the submission of the learned

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standing counsel for respondent No.3, we are of the view that

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the prayers sought for have been addressed and nothing

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survives in this writ petition for further adjudication.

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Accordingly, writ petition is disposed of.

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Pending interlocutory applications, if any, shall stand

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closed.

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Sd/-

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S.Manikumar Chief Justice

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Sd/-

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Murali Purushothaman Judge

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vpv

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W.P.(C)No.25157 of 2016

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APPENDIX OF WP(C) 25157/2016

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PETITIONER EXHIBITS

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EXT. P1TRUE COPY OF THE COMMUNICATION DATED
11.8.2006 ISSUED BY THE LOCAL M.L.A TO THE
CHIEF ENGINEER (TRANSMISSION), KSEB,
THIRUVANANTHAPURAM ALONG WITH RESOLUTION NO.
III DATED 22.7.2006 OF VELLAVOOR GRAMA
PANCHAYAT.

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EXT. P2 PHTOGRAPH SHOWING THE CONSTRUCTION SO FAR MADE IN RESURVEY BLOCK NO. 21, SURVEY NO. 6, 3/7 OF MANIMALA VILLAGE ADJACENT TO THE PROPERTY WHERE MANIMALA VILLAGE OFFICE AND PANCHAYAT OFFICE ARE SITUATED.

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EXT. P3 TRUE COPY OF THE PLAINT IN O.S. NO. 185/2011 ON THE FILE OF THE SUB COURT, PALA.

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EXT. P4 PHOTOGRAPH SHOWING THE WATER STORAGE TANK CONSTRUCTED AT THE ORIGINALLY PROPOSED SITE.

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EXT. P5 TRUE COPY OF THE NEWS ITEM IN RESPECT OF THE UNCERTAINTY OF THE COMPLETION OF THE MANIMALA SUB STATION APPEARED IN MANGALAM DAILY DATED 5.7.2016.

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//TRUE COPY//

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P.A. TO JUDGE

Reghu R.Unnithan v. Kerala State Electricity Board

Case brief

What is this about?

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Reghu R.Unnithan v. Kerala State Electricity Board

Case brief

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