High Court of KeralaWP(C)/32761/2014disposed of

Rakhy Augustus v. Additional District Magistrate/Revenue Divisional Officer

2015-01-19Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 32761 of 2014 (U) ---------------------------- PETITIONER(S):

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1. RAKHY AUGUSTUS, AGED 40 YEARS W/O P.M. AUGUSTUS, PALLAN HOUSE, PUTHUKADU MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680301

2. ANNIE BABY, AGED 54 YEARS W/O BABY PALAYOOR HOUSE, KATTAKARA WEST ATHIPRAMUB LANE, KALOOR, KOCHI 682017

3. BIJU P.P, AGED 46 YEARS S/O PORINCHU, PUDUKADAN HOUSE, KANJOOR PUDUKAD, MUKUNDAPURAM TALUK, THRISSUR DISTRICT BY ADV. SRI.RAJIT RESPONDENT(S):

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1. ADDITIONAL DISTRICT MAGISTRATE/REVENUE DIVISIONAL OFFICER, THRISSUR, COLLECTORATE, AYYANTHOLE THRISSUR - 680 001

2. THE ASSISTANT EXECUTIVE ENGINEER, T.C SUB DIVISION, NADAVARAMBU P.O, IRINJALAKUDA THRISSUR DISTRICT - 686 301.

R2 BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB R BY SENIOR GOVERNMENT PLEADER SRI.S.JAMAL.

R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32761 of 2014 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT P1 TRUE COPY OF THE SKETCH SUBMITTED BY THE 2ND RESPONDENT BEFORE THE IST RESPONDENT EXHIBIT P2 TRUE COPY OF THE SKETCH WHICH IS PRODUCED AS EXT P5 IN WPC NO 28678/2014 EXHIBIT P3 TRUE COPY OF THE SKETCH GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS EXHIBIT P4 TRUE COPY OF THE SKETCH SHOWING THE PROPOSAL OF THE PETITIONER EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS EXHIBIT P6 TRUE COPY OF THE SKETCH SHOWING EXISTING 66 KV LINE PROPOSED 110 KV TOWER LINE AND THE PROPOSAL MOOTED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS ------------------------------ EXT.R2(a) TRUE COPY OF THE SKETCH SHOWING THE DETAILS OF 66 KV AND 110 KV ALIGNMENT.

EXT.R2(b) PHOTOGRAPH SHOWING HE NATURE OF EXT.R2(a) LOCATION -15 AND ITS PROXIMITY TO THE NEW 110 KV YARD.

EXT.R2(c) TRUE COPY OF THE LETTER OF CONSENT ADDRESSED TO THE FIRST RESPONDENT DATED 27.9.2013 GIVEN BY THE THIRD PETITIONER. EXT.R2(d) TRUE COPY OF THE NOTIFICATION DATED 25.5.2010. EXT.R2(e) TRUE COPY OF THE SKETCH OF SUBSTATION OF 66 AND 110 KV YARD.

EXT.R2(f) PHOTOGRAPH SHOWING THE GANTRY.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.32761 of 2014 --------------------- Dated this the 19th day of January, 2015

J U D G M E N T

Tower Nos.1 to 14 have almost been erected. It is not possible to alter the position of the last tower (Tower No.15). The second respondent appeared in Court in person and explained the factual situation. It is not technically feasible to alter the position of Tower No.15 at this distance of time. The report of the Advocate Commissioner also supports the stand taken by the Kerala state Electricity Board.

2. The second respondent however assures that the existing 66 KV tower will be dismantled soon after the 110 KV line is energised. This is recorded. Every endeavour shall be made by the Kerala State Electricity Board to cause as little damage as possible to the property of the petitioners. I would not want to substitute my discretion with the discretion exercised by the Departmental officials.

The Writ Petition is disposed of. No costs.

Sd/- V.CHITAMBARESH, Judge.

nj.