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High Court of KeralaWP(C)/27812/2014disposed of

K. Vasu v. Kerala State Electricity Board

2015-01-21Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 27812 of 2014 (B) ---------------------------- PETITIONER:

------------------ K. VASU, AGED 82 YEARS, S/O.KATHU, PULIKKOTTIL HOUSE, PUKKOM, PANOOR P.O., THALASSERY, KANNUR DISTRICT.

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

RESPONDENTS:- ------------------------

1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVAN, THIRUVNANTHAPURAM - 695 001.

2. CHIEF ENGINEER, ELECTRICAL CIRCLE, KANNUR - 670 001.

3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KANNUR 670 001.

4. ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SUB DIVISION, PANOOR - 670 692.

5. THE SUB ENGINEER, KSEB, ELECTRICAL SUB DIVISION, PANOOR - 670 692.

6. ASSISTANT ENGINEER, ELECTRICAL SUB DIVISION, PANOOR - 670 692.

7. E.JAYADEVAN, S/O.KRISHNAKURUP, KRISHNAPURAM HOUSE, POOKKOM ROAD PANOOR, KANNUR DISTRICT - 670 692.

WP(C) NO. 27812/2014

8. MANOHARAN, S/O.SAROJINI, KRISHNAPURAM HOUSE, POOKKOM ROAD PANOOR, KANNUR DISTRICT - 670 692.

9. CHIEF VIGILANCE OFFICER, KERALA STATE ELECTRICITY BOARD, VYDYUDHI BHAVAN, THIRUVANANTHAPURAM - 695 001.

R1-R6,R 9 BY ADV. SMT.P.K.RADHIKA-KSEB R7,R 8 BY ADV. SRI.KRISHNADAS P. NAIR R7,R 8 BY ADV. SRI.HARIDAS P.NAIR R7,R 8 BY ADV. SMT.K.L.SREEKALA R7,R 8 BY ADV. SRI.M.RAJESH KUMAR R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27812 of 2014 (B) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF ESTIMATE FOR THE WORK DONE, OBTAINED BY THE PETITIONER UNDER THR RIGHT TO INFORMATION ACT. EXHIBIT P2 TRUE COPY OF THE REPLY DATE 15.03.2013 ISSUED BY THE PUBLIC INFORMATION OFFICER OF ELECTRICAL DIVISION, PANOOR. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE COMPLAINT REGISTER. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 30.03.2013 FILED BEFORE THE 9TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 30.10.2013.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 31.07.2014 ISSUED BY THE ASSISTANT ACCOUNTS OFFICER AND PUBLIC INFORMATIION OFFICER. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 27812 OF 2014 ------------------------------------ Dated this the 21st day of January, 2015

JUDGMENT

The allegation is that respondents 7 and 8 have deliberately damaged an electric post. This was done to provide easier access from the property of respondents 7 and 8 to the public road in front.

2.

Respondents 1 to 6 maintain that the expenses incurred for replacing the electric post has already been paid by respondents 7 and 8. Respondents 7 and 8 contend that the electric post standing on the road was not damaged by them but by someone else.

3.

Ext.P4 complaint filed by the petitioner has been turned down by the 9th respondent Chief Vigilance Officer. Evidently the provisions of Section 25A of the Indian Telegraph Act, 1885 have been complied with. The petitioner is free to set the criminal law in motion if he has a case that the electric post was deliberately destroyed by respondents 7 and 8. This Writ Petition is hence disposed of without prejudice to the right of the petitioner as above.

V. CHITAMBARESH JUDGE ncd