High Court of KeralaWP(C)/20185/2015disposed of

Augusty v. State Of Kerala

2015-07-06Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 20185 of 2015 (W) ---------------------------- PETITIONERS:

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1. AUGUSTY, AGED 47 YEARS, S/O.POULOSE, VETTIKKAMALAYIL P.O., THEYYAPPARA, KOZHIKODE DISTRICT.

2. SHAJU GEORGE, AGED 47 YEARS, S/O.GEORGE, PALAKKAT HOUSE, P.O.KUPPAYAKODE, KOZHIKODE DISTRICT.

3. V.S.SUGUNANANDAN, AGED 52 YEARS, S/O.PAPPU, PRANAVAM HOUSE, AVILANELLUR.P.O., NADUVANNUR VIA, KOYILANDY TALUK, KOZHIKODE DISTRICT.

4. P.C.MOHAMMED, AGED 58 YEARS, S/O.ABOOBACKER, 'PLEASANT VILLA', P.O.PUTHUPADI, KOZHIKODE.

5. C.P.MATHEW, AGED 53 YEARS, S/O.POULOSE, CHETTAKKATTIL, P.O.PUTHUPADI, KOZHIKODE.

BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY POWER AND ELECTRICITY DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHPARAM - 695 001.

2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM - 695 001.

WP(C) NO. 20185/2015

3. POWER GRID CORPORATION OF INDIA LTD., SOUTH REGION TRANSMISSION SYSTEM II, PRAGATHI MAHALEKSHMI, SOUTH BLOCK, MEI ROAD, IND-SUBURB, YESHWANTHPUR, BANGALORE-560 022.

4. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD., CONSTRUCTION AREA OFFICE, 400/220 K.V.SUB STATION, PALLIKKARA, ERNAKULAM DISTRICT, PIN - 683 565. BY GOVERNMENT PLEADER SRI. GIKKU JACOB BY SRI.MILLU DANDAPANI, SC, POWER GRID CORPORATION BY SRI.K.M.SATHYANATHA MENON,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20185 of 2015 (W) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 19/8/2014 ISSUED BY THE IST RESPONDENT EXHIBIT P2 TRUE COPY OF THE MASS REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE CHIEF MINISTER OF KERALA. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 19.3.2015 ISSUED BY THE CHIEF MINISTER'S OFFICE.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 6/4/2015 ISSUED FROM THE CIRCLE OFFICE OF THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 20185 OF 2015 ------------------------------------ Dated this the 6th day of July, 2015

JUDGMENT

The electricity supply line has already been drawn across the property of the petitioners. The adequacy of compensation is pending consideration in a Civil Revision Petition. The petitioners now claim the benefit of Ext.P1 special compensation package. Ext.P2 representation addressed by the petitioners has now been made over to the third respondent. The third respondent is stationed at Bangalore whereas the petitioners are stationed at Kozhikode. It would suffice if the fourth respondent deals with Ext.P2 representation after notice to the petitioners. I direct the fourth respondent to consider Ext.P2 representation with notice to the petitioners.

The fourth respondent shall consider whether Ext.P1 special compensation package is applicable to the petitioners or not. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd