Petitioner sought directions to relocate a transformer and double pole structure installed on Government land outside his boundary, claiming diminution in property value. The court held he had no right to object to use of Government land and dismissed the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 34771 OF 2023
PETITIONER:
PRASANTH THRIVIKRAMA PRABHU,
AGED 42 YEARS, S/O. GOPALA T. PRABHU,
RESIDING AT CC 52/1383, 3BAC, SHANTHI APARTMENTS,
ST. JAMES ROAD, VYTILLA, ERNAKULAM, PIN – 682019,
NOW RESIDING AT DOHA, QATAR,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER:
SHOBHA PRABHU. T, AGED 68 YRS, W/O. GOPALA T. PRABHU,
CC 525F, SHANTHI APARTMENTS, ST. JAMES ROAD,
ERNAKULAM, PIN – 682019.
BY ADVS.
SRI. JAGADEESH LAKSHMAN
SRI. K. R. RAJKUMAR
SRI. R. K. RAKESH
SMT. NANDANA BABU T.
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD. [KSEBL], REPRESENTED BY ITS CHAIRMAN, VAIDYUTHI BHAVAN, PATTAM PALACE P O, THIRUVANANTHAPURAM, PIN – 695014.2 THE DISTRICT COLLECTOR, ALAPPUZHA, CIVIL STATION,CIVIL STATION WARD, ALAPPUZHA, PIN – 688001.3THE PROJECT DIRECTOR,
PIU, COCHIN-II, NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NO: 35/192, EAST BTSRRA, KANDATHIL GARDENS,
BTS ROAD, EDAPALLY, KOCHI, PIN – 682024.
4THE DEPUTY CHIEF ENGINEER (ELECTRICAL CIRCLE),
KERALA STATE ELECTRICITY BOARD LTD. [KSEBL],
POWER HOUSE ROAD, THONDANKULANGARA,
THATHAMPALLY, ALAPPUZHA, PIN – 688011.
5 THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LTD. [KSEBL], ELECTRICAL SUB DIVISION PATTANAKKAD, CHERTHALA, ALAPPUZHA, PIN - 688531WP(C) NO. 34771 OF 2023
2
6 THE ASSISTANT ENGINEER, ELECTRICAL SUB DIVISION KUTHIATHODE, KERALA STATE ELECTRICITY BOARD LTD. [KSEBL], KUTHIATHODE P O, ALAPPUZHA DISTRICT, PIN – 688533.
BY ADVS.
SMT. RIJI RAJENDRAN
SRI. E. C. KURIAKOSE
SRI. LEJO JOSEPH GEORGE (K/357-C/2017)
SRI. BINOY DAVIS – GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 34771 OF 2023
3
DINESH KUMAR SINGH, J.
W.P.(C) No. 34771 of 2023
Dated this the 1st day of August, 2024
JUDGMENT
prayers;
i] issue a writ of mandamus or any other writ, order or direction, directing the respondents 3 to 6 not to install the transformer with double pole structure in the present location in front of the petitioner’s property.
ii]. issue a writ of mandamus or any other writ, order or direction, directing the respondents 3 to 6 to relocate the two posts erected in front of the property of the petitioner to some other place.
iii] dispense with filing of English translation of the vernacular documents.
iv] issue such other orders or directions which are necessary in the interest of Justice;
petitioner but, outside the boundary of the petitioner. The petitioner cannot have any claim over the Government property and,
WP(C) NO. 34771 OF 2023
4
can have no objection for installing the transformer on the Government property.
Sd/DINESH KUMAR SINGH JUDGE
Svn
WP(C) NO. 34771 OF 2023
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APPENDIX OF WP(C) 34771/2023
PETITIONER’S EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED
BY THE VILLAGE OFFICER, KUTHIYATHODE VILLAGE
DATED 18-04-2023
EXHIBIT P2THE TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER, KUTHIYATHODE
DATED 20-08-23
EXHIBIT P3THE TRUE COPY OF THE LOCATION SKETCH PREPARED
ON 18.08.2023 AND ISSUED BY THE VILLAGE
OFFICER, KUTHIYATHODE VILLAGE ON 25-08-2023
EXHIBIT P4THE TRUE COPY OF THE E-FILE DETAILS OF THE
BUILDING PERMIT APPLICATION SUBMITTED BY THE
PETITIONER DATED 07-09-2023 DOWNLOADED FROM
THE OFFICIAL WEBSITE OF THE LOCAL SELF
GOVERNMENT DEPARTMENT
EXHIBIT P5THE TRUE COPY OF THE MAIL SENT BY THE
PETITIONER TO THE 6TH RESPONDENT DATED 14-09-
23
EXHIBIT P6THE TRUE COPY OF THE MAIL SENT BY THE
PETITIONER TO THE 4TH RESPONDENT DATED 15-09-
23
EXHIBIT P7THE TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE DEPUTY CHIEF ENGINEER, ELECTRICAL
CIRCLE BY THE PETITIONER DATED 20-09-2023
EXHIBIT P8 |
THE TRUE COPY OF THEBEFORE THE DISTRICTTHE PETITIONER DATED |
REPRESENTATION SUBMITTEDCOLLECTOR, ALAPPUZHA BY20-09-2023 |
|---|---|---|
EXHIBIT P9 |
THE TRUE COPY OF THEBY THE PETITIONER BEPROJECT DIRECTOR NHAI |
REPRESENTATION SUBMITTEDFORE THE 3RD RESPONDENT,DATED 21-09-2023 |
EXHIBIT P10 |
THE TRUE COPY OF THETHE PETITIONER FROM28-09-2023 |
EMAIL REPLY RECEIVED BYTHE 5TH RESPONDENT DATED |
WP(C) NO. 34771 OF 2023
6
EXHIBIT P11THE TRUE COPY OF THE EMAIL REPLY RECEIVED BY
THE PETITIONER FROM THE 5TH RESPONDENT DATED
07-10-2023
EXHIBIT P12THE TRUE PHOTOGRAPH OF THE LOCATION SHOWING
THE PROPOSED POSTS ON THE NORTH WEST SIDE OF
THE PROPERTY OF THE PETITIONER DATED NIL
RESPONDENT’S ANNEXURES
ANNEXURE R1(A)A TRUE COPY OF THE COMMUNICATION DATED
30.11.2023
ANNEXURE R3(A) TRUE COPY OF PHOTOGRAPHS
1 issue framed by the court
Whether the KSEBL could install a transformer and posts on Government land adjoining the petitioner's property despite his objection.
Prasanth Thrivikrama Prabhu
Kerala State Electricity Board Ltd. (KSEBL)
The District Collector, Alappuzha
The Project Director, PIU, Cochin-II, National Highways Authority of India
The Deputy Chief Engineer (Electrical Circle), KSEBL
The Assistant Executive Engineer, KSEBL, Electrical Sub Division Pattanakkad
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court