Disposed

M/S.Hillstar Stones, v. the Kerala State Electricity Board Limited

Kerala HC13 Feb 2024WP(C)/2784/2024

Case brief

AI extract

What is this about?

Quarry operators challenged KSEB's refusal to alter the alignment of a proposed 400KV line through their quarrying property. The court noted a statutory remedy under Section 17(2) of the Indian Telegraph Act was already invoked and disposed of the writ petition directing the District Magistrate to decide the application within two months.

What did the court decide?

Direction to Additional District Magistrate, Kannur to consider Ext.P19 application and take appropriate decision after hearing affected parties within two months.

M/S.Hillstar Stones, Vs the Kerala State Electricity… — Writ and Judicial Review | Kerala HC (2024)

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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 N.NAGARESH

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TUESDAY, THE 13TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945
WP(C) NO. 2784 OF 2024

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PETITIONERS:

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1 M/S.HILLSTAR STONES,

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ROOM NO. 293/S, WARD NO.3,
SOUTH MARADY POST, MUVATTUPUZHA, ERNAKULAM,
REPRESENTED BY IT'S MANAGING PARTNER,
SHANKER T GANESH, AGED 47,
S/O.THANKACHAN, PIN - 686673

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2M/S ELLORA STONES,
ROOM NO. 293/S, WARD NO.3,
SOUTH MARADY POST, MUVATTUPUZHA, ERNAKULAM
REPRESENTED BY IT'S PARTNER SHANKER T GANESH.
AGED 47, S/O.THANKACHAN, PIN – 686673

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BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA EDEN
HARIKRISHNAN S.
S.SREEKUMAR (SR.)

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RESPONDENTS:

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1 THE KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHIBHAVANAM, PATTOM , THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695004

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WP(C) No.2784 of 2024

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2 THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD TRANSGRID NORTH, VAIDYUTHI BHAWAN, KALLIPADOM P.O., SHORNUR- 679122

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3 THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TRANSGRID TC DIVISION, KANNUR- 670002

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4 THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TC SUB DIVISION, TRANSGRID (NORTH ), PAYYANNUR, PIN -, PIN - 670307

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5 THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, KANNUR, PIN - 670002

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6 SAMEERA V.U, W/O LATE UMMER, CHITHAPPIL HOUSE, PARIYARAM P.O, THALIPARAMBU, KANNUR-, PIN – 670502

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BY ADV
ARUNKUMAR A, STANDING COUNSEL
SMT.REKHA C. NAIR, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.2784 of 2024

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JUDGMENT

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Dated this the 13^th day of February, 2024

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The petitioners decided to establish a Quarry in their property and had taken necessary steps for the same. The petitioners were issued with a Letter of Intent. Mining Plan was approved by the competent authority. As part of the issuance of Environmental Certificate, a study was conducted by the competent authorities and a public hearing was also conducted. The issuance of Environmental Clearance is under the final stage.

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While so, the petitioners were informed by the Geologist regarding a communication from 4^th respondent that no Quarrying Permit should be issued violating the 100 Metres distance guidelines as a 400KV line is proposed to be drawn through the petitioners’ property in pursuance of the Notification dated 16.07.2020 for the Kasaragod-Wayanad

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WP(C) No.2784 of 2024

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Transgrid Green Energy Project. On enquiry, the petitioners were made to understand that a Tower is proposed to be established within the proposed quarrying area.

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In such circumstances, the petitioners approached respondents 1 to 4 proposing to change the alignment of the electric line and they offered alternate land suitable for changing the alignment. The Managing Partner of the 2^nd petitioner entered into an agreement for sale with the 6^th respondent for purchasing the property belonging to them, which is lying on the northern side of the proposed quarrying area and suitable for shifting the alignment. The study conducted by respondents 1 to 4 was satisfying to the extent that much cost will be saved, if the alignment of 400 KV electric line is effected as it would straighten the alignment as is evident from Ext.P16 satellite image.

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However, the 2^nd respondent issued Ext.P17 communication rejecting the request for change in the

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WP(C) No.2784 of 2024

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alignment and also issued Ext.P18 notice. Exts.P17 and P18 are arbitrary, irrational and violative of the principles of natural justice, contend the petitioners. The petitioners preferred Ext.P19 application before the 5^th respondent, but there is no immediate action. Hence, the petitioners are before this Court.

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In short, the argument of the petitioners is that the route proposed by the respondents passes through the middle of the property of the petitioners in respect of which the petitioners have obtained all necessary licences for quarrying. According to the petitioners, the route proposed by the petitioners will straighten the electric line. The said route passes through the side of the petitioners’ property, so that the petitioners’ project will not be adversely affected.

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Standing Counsel representing the Kerala State Electricity Board Limited resisted the writ petition. The Standing Counsel submitted that the project of drawal of line has already commenced and a large number of Towers are

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WP(C) No.2784 of 2024

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erected for drawal of line. At this stage, if there is any change in the alignment, that will adversely affect the finance of the Kerala State Electricity Board Limited and is likely to delay the project also.

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Heard.

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Going through the pleadings and arguments, I find that the Deputy Chief Engineer has considered the proposal of the petitioners and has given an opinion against the proposal for various reasons enumerated in Ext.P17. The Deputy Chief Engineer has also taken into consideration the likelihood of agitation by the local people, if alignment is changed at this stage.

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Be that as it may, the petitioners have invoked a statutory remedy under Section 17(2) of the Indian Telegraph Act, 1885 and submitted Ext.P19 application before the Additional District Magistrate, Kannur. The petitioners submit that if the alignment is changed so as to draw the line through

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WP(C) No.2784 of 2024

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the side of the petitioners’ property, then the petitioners will forgo any compensation payable by the KSEB Limited to the petitioners.

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Taking into consideration the entire facts of the case, I am of the view that the District Magistrate, Kannur shall consider Ext.P19 statutory application submitted by the petitioners expeditiously.

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The writ petition is therefore disposed of directing the 5^th respondent-Additional District Magistrate, Kannur to consider Ext.P19 application submitted by the petitioners and take appropriate decision thereon, after hearing the affected parties, within a period of two months.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.2784 of 2024

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APPENDIX OF WP(C) 2784/2024

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE BASIC TAX RECEIPT` `DATED 10-07-2020 EVIDENCING THE`
	`PAYMENT OF BASIC TAX BY 1ST PETITIONER` `FIRM`
`Exhibit P2`	`TRUE COPY OF THE BASIC TAX RECEIPT` `DATED 09-07-2020 EVIDENCING THE` `PAYMENT OF BASIC TAX BY 2ND PETITIONER` `FIRM`
`Exhibit P3`	`TRUE COPY OF RESOLUTION DATED 15-10-` `2020 OF 2ND PETITIONER FIRM`
`Exhibit P4`	`TRUE COPY OF TREASURY CHALLAN DATED` `20-09-2020 EVIDENCING PAYMENT OF FEES` `BY 2ND PETITIONER FOR QUARRYING LEASE`
`Exhibit P5`	`TRUE COPY OF LETTER OF INTENT DATED` `16-11-2022 ISSUED BY THE DIRECTOR`
	`MINING AND GEOLOGY TO THE 2ND` `PETITIONER`
`Exhibit P6`	`TRUE COPY OF CERTIFICATE DATED 09-05-` `2022 ISSUED BY THE VILLAGE OFFICER,` `VAYAKKARA VILLAGE TO 1ST PETITIONER`
`Exhibit P7`	`TRUE COPY OF CERTIFICATE DATED 20-05-` `2022 ISSUED BY THE VILLAGE OFFICER,` `PERINGOME VILLAGE`
`Exhibit P8`	`TRUE COPY OF SURVEY PLAN OF THE` `PROPERTY BELONGING TO PETITIONERS AND` `THE BOUNDARY DEMARCATION FOR THE` `PROPOSED QUARRY`
`Exhibit P9`	`TRUE COPY OF PROCEEDINGS DATED 13-01-` `2022 ISSUED BY THE GEOLOGIST, KANNUR` `DISTRICT TO 1ST PETITIONER`
`Exhibit P10`	`TRUE COPY OF PROCEEDINGS OF 143RD` `MEETING OF SEAC HELD ON 25-05-2023 AND` `26-05-2023`
`Exhibit P11`	`TRUE COPY OF NOTICE DATED 16-09-2023` `ISSUED BY THE KERALA STATE POLLUTION` `CONTROL BOARD`

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WP(C) No.2784 of 2024

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Exhibit P12TRUE COPY OF LETTER DATED 26-06-2023
ISSUED BY 4TH RESPONDENT TO THE
GEOLOGIST OBTAINED BY THE PETITIONERS
UNDER RIGHT TO INFORMATION ACT
Exhibit P13TRUE COPY OF THE PLAN PREPARED BY KSEB
FOR DRAWING ELECTRIC LINE THROUGH THE
MINING AREA
Exhibit P14TRUE COPY OF REPRESENTATION DATED 05-
07-2023 SUBMITTED BY THE PETITIONERS
TO THE 1ST RESPONDENT
Exhibit P15TRUE COPY OF AGREEMENT DATED 03-08-
2023 EXECUTED BY 6TH RESPONDENT AND
HER CHILDREN IN FAVOUR OF JAISON K.U.
Exhibit P16TRUE COPY OF SATELLITE PICTURE OF
PROPOSALS TO CHANGE THE ALIGNMENT
Exhibit P17TRUE COPY OF COMMUNICATION DATED 05-
12-2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P18TRUE COPY OF NOTICE DATED 20-12-2023
ISSUED BY THE 4TH RESPONDENT TO THE
2ND PETITIONER
Exhibit P19TRUE COPY OF APPLICATION DATED 03-01-
2024 SUBMITTED BY THE PETITIONER UNDER
SECTION 17(2) OF INDIAN TELEGRAPH ACT
BEFORE THE 5TH RESPONDENT
Exhibit P20TRUE COPY OF ACKNOWLEDGMENT DATED 03-
01-2024, EVIDENCING THE RECEIPT OF
EXHIBIT.P19, ISSUED BY THE OFFICE OF
THE 5TH RESPONDENT

M/S.Hillstar Stones, v. the Kerala State Electricity Board Limited

Case brief

What is this about?

What did the court decide?

M/S.Hillstar Stones, v. the Kerala State Electricity Board Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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