Jessy K.R v. Kerala State Electricity Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 26380 of 2015 (V) ------------------------------------------- PETITIONER(S) :
------------------------- JESSY K.R, AGED 55 YEARS, W/O.LATE GEORGE, VADAKKINIYATH HOUSE, P.O.KOLAYAD, PUTHALAM DESOM, KOLAYAD AMSOM, THALASSERY TALUK. BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH RESPONDENT(S):
----------------------------
1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM- 695 014.
2. ADDITIONAL DISTRICT MAGISTRATE, KANNUR, COLLECTORATE, KANNUR- 670 101.
3. PROJECT COMMISSIONER, GRAMA PANCHAYAT SUPPORT TEAM, KRWSA, KOLAYAD GRAMA PANCHAYAT, PIN- 670 650.
4. KOLAYAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOLAYAD P.O.- 670 650.
5. ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SUB DIVISION, KOOTHUPARAMBU, KANNUR DISTRICT- 670 651.
6. ASSISTANT ENGINEER, KSEB SECTION OFFICE, KOLAYAD, CHITTARIPARAMBU- 670 650. R1, R5 & R6 BY ADV. SRI.SAJEEVKUMAR K.GOPAL, S.C R2 BY GOVERNMENT PLEADER SRI.LIJU.V.STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 26380 of 2015 (V) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :
---------------------------------------- P1:
TRUE COPY OF SETTLEMENT DEED NO.3148 DATED 12.12.2000 OF KOOTHUPARAMBU SRO.
P2:
TRUE COPY OF PETITION SENT BY THE PETITIONER TO THE 3RD RESPONDENT ON 25.05.2015.
P3:
TRUE COPY OF PETITION SENT BY THE PETITIONER TO THE 4TH RESPONDENT ON 25.05.2015.
P4:
TRUE COPY OF PETITION SENT BY THE PETITIONER TO THE 6TH RESPONDENT ON 25.05.2015.
P5:
TRUE COPY OF NOTICE NO.A6-33553/2015 DATED 11.08.2015 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT P6:
TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 26.08.2015 RESPONDENT(S)' EXHIBITS :
------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
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A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 26380 of 2015 ===================================================== Dated this the 9th day of September, 2015
JUDGMENT
The petitioner is aggrieved by the attempt of the respondent to draw an electric line through her property, allegedly without her consent and under threat and coercion. It is her case in the writ petition that by Ext.P5 notice, she was informed of a hearing in connection with her objection before the 2nd respondent, and it is her apprehension that orders will be passed by the 2nd respondent without any notice to her and implemented immediately thereafter. When the matter came up for admission on 01.09.2015, this Court had adjourned the writ petition to enable the learned Government Pleader to get instructions as to whether the 2nd respondent had passed any orders pursuant to the hearing that was conducted on the date indicated in Ext.P5.
When the matter was taken up today, it is reported by the learned Government Pleader that the 2nd respondent has not passed orders till date and proposes to pass an order in the matter today. Taking note of the said submission of the learned Government Pleader, I dispose the writ petition with a direction to the 2nd respondent to serve a copy of the order passed by him, pursuant to Ext.P5 hearing notice, to the petitioner forthwith so as to enable the petitioner to workout her remedies, if she is aggrieved by the said order.
-2W.P.(C). No. 26380 of 2015 order to be passed by the 2nd respondent shall not be implemented for a period of two weeks from the date of communication of the said order to the petitioner, so as to enable the petitioner to approach an appropriate forum for the redressal of her grievances, if any, against the said order.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das