Petitioners who bought plots and built LIFE Mission houses sought electric lines, connections, tree removal on their access path, and consideration of representations. Electricity supply had been provided per an ADM order; remaining prayer for tree removal was left to civil proceedings or approach to District Collector; writ petition disposed of.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 2027 OF 2024
PETITIONERS:
1 ABIDA BEEVI AGED 59 YEARS, W/O POONKUNJU, DWARAKA PUTHEN VEEDU, VAZHAVILA, VELLIMALA, EDAMON P.O, EDAMON VILLAGE, PUNALUR TALUK, KOLLAM- 691305.
2 SAFIYA AGED 59 YEARS, D/O ASUMA BEEVI, NISHANA MANZIL, VAZHAVILA, VELLIMALA, EDAMON P.O, EDAMON VILLAGE, PUNALUR TALUK, KOLLAM, PIN – 691305.
BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE ABHILASH C.V. VARUN JACOB MIRAL K.JOY
RESPONDENTS:
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4 TAHSILDAR PUNALUR TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION, KOLLAM - TENKASI RD, PANAMKUTTYMALA, PUNALUR, PIN – 690308.
5 PRINCIPAL DIRECTOR OF LOCAL SELF GOVERNMENT PUNALUR MUNICIPAL OFFICE, PAIKA TOWN HALL, SH8, PANAMKUTTYMALA, PAIKA, PUNALUR, KERALA, PIN – 686577.
6 VILLAGE OFFICER EDAMONE VILLAGE OFFICE, EDAMON SATHRAM, EDAMON, KERALA, PIN – 691307.
7 JOSE AGED 58 YEARS, S/O NINAN, VAZHAVILA PADINJATTATHIL VEEDU, VAZHAVILA, EDAMON VILLAGE, PUNALUR TALUK, KOLLAM, PIN – 691305.
BY ADVS. SRI.ARUNKUMAR A, STANDING COUNSEL SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 1st day of February, 2024
The petitioners, who purchased plots of land from the 7th respondent and who have constructed two residential houses
for them in the property under the LIFE Mission Scheme of the Government of Kerala, have approached this Court seeking the following reliefs:-
“i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 to 3 to take effective steps for drawing electric lines to the respective houses of the petitioners situated in Survey No.116/7 B/22/2 of Edamone Village in Punalur Taluk, forthwith.
ii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 3rd respondent to issue electric connections to the petitioners as per Exts.P4 and P5 applications.
iii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 and 2 to give proper directions to respondents 5 and 6 for taking effective steps to cut and remove the trees standing in the way allotted to the petitioners and to further make it suitable and convenient for ingress and egress to the houses of the petitioners, within a time frame fixed by this Hon'ble Court.
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iv) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to consider Exts.P6 and P7 representations preferred by the petitioners within a time frame fixed by this Hon'ble Court.
v) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case.”
that though there were some initial obstructions, now the Electricity Board referred the matter to the ADM and at present the electricity lines are drawn to the residence of the petitioners and supply is given on the basis of an order passed by the ADM on 27.01.2024.
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egress to the houses of the petitioners within a time frame.
and the petitioners will have to resort to appropriate proceedings in the ordinary course. However, if the pathway claimed by the petitioners as per Exts.P1 and P2 Sale Deeds are the only access available to their residence and if access is
denied, then the petitioners will be at liberty to approach the 2nd respondent seeking appropriate reliefs.
With the said observations and recording the submission made by the Standing Counsel that the electricity is being
supplied to the petitioners, the writ petition is disposed of.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 2027/2024
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE DATED 13.05.2020 1ST PETITIONER |
SALE DEED NO. 801/2020 WITH RESPECT TO THE |
|---|---|---|
| Exhibit 2 | TRUE COPY OF THE DATED 13.05.2020 2ND PETITIONER |
SALE DEED NO. 802/2020 WITH RESPECT TO THE |
| Exhibit P3 | TRUE COPY OF THE IN IA NO. 1/2023 MUNSIFF'S COURT, |
ORDER DATED 03.08.2023 IN O.S 153/2023 OF THE PUNALUR |
| Exhibit P4 | TRUE COPY OF THE | APPLICATION SUBMITTED |
| BEFORE THE 3R 18.11.2022 |
D RESPONDENT DATED | |
| Exhibit P5 | TRUE COPY OF THE BY THE 2ND PETI RESPONDENT DATED |
APPLICATION SUBMITTED TIONER BEFORE THE 3RD 06.12.2022 |
| Exhibit P6 | TRUE COPY OF | THE REPRESENTATION |
| SUBMITTED BEFORE RESPONDENT DATED |
THE 1ST AND 2ND 23.09.2023 |
|
| Exhibit P7 | TRUE COPY OF SUBMITTED BEFORE DATED 23.09.2023 |
THE REPRESENTATION THE 2ND RESPONDENT |
| Exhibit P8 | TRUE COPY OF TH RESPONDENT TO THE 13.10.2023 |
E LETTER OF THE 2ND 4TH RESPONDENT DATED |
| Exhibit P9 | TRUE COPY OF TH RESPONDENT DATED |
E LETTER OF THE 5TH 16.10.2023 |
| Exhibit P10 | TRUE COPY OF TH RESPONDENT TO THE 19.10.2023 |
E LETTER OF THE 4TH 6TH RESPONDENT DATED |
3 issues framed by the court
Should electricity lines be drawn and connections given to the petitioners' houses built under the LIFE Mission Scheme?
Should trees obstructing the petitioners' pathway be removed to provide ingress and egress?
Should the respondents consider the petitioners' representations within a time frame?
ABIDA BEEVI
SAFIYA
STATE OF KERALA
THE DISTRICT COLLECTOR KOLLAM
KERALA STATE ELECTRICITY BOARD
TAHSILDAR PUNALUR
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
