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2024 Supreme(Online)(KER) 20949
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 12TH DAY OF AUGUST 2024 / 21ST SRAVANA, 1946 WP(C) NO. 5021 OF 2024 PETITIONERS:
1 ASHRAF K.M., AGED 50 YEARS S/O. K.B MYTHEEN,KAKKATTU HOUSE, C/O. FATHIMA FURNITURE GALLERY, COMPANYPADY, NELLIKUZHI P.O, ERNAKULAM DISTRICT, PIN – 686 691.
2 AYSHA, AGED 54 YEARS W/O. HAMEED,EDAPPARA, NELLIKUZHI, COMPANYPADY, ERAMALLOOR, THRIKKARIYOOR, ERNAKULAM, PIN – 686 691.
3 LATHEEF M.U., AGED 59 YEARS S/O. UMMER, MYMOOCHIL HOUSE, COMPANYPADY, NELLIKUZHI P.O,ERAMALLOOR P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN – 686 691 BY ADVS.
JOBY JACOB PULICKEKUDY ANIL GEORGE SMITHA PHILIPOSE ASHIK TOM AAKHIL MOHAMMED.P.M RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD, REP.BY IT’S SECRETARY, VYDYUTHIBHAVANAM, PATTAM, TRIVANDRUM, PIN – 695 004.
2 THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, OFFICE OF THE DEPUTY CHIEF ENGINEER,KERALA STATE ELECTRICITY BOARD, PERUMBAVOOR P.O, ERNAKULAM, PIN – 683 542.
3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER,KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA,ERNAKULAM, PIN – 686 661.
4 THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER PWD, KERALA STATE ELECTRICITY BOARD, KOTHAMANGALAM P.O,ERNAKULAM, PIN – 686 666.
5 THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, MUVATTUPUZHA,ERNAKULAM, PIN – 686 661.
6 NELLIKUZHY GRAMA PANCHAYATH, REP.BY IT’S SECRETARY, NELLIKUZHY P.O, KOTHAMANGALAM, ERNAKULAM, PIN - 686691
7 MALIK DINAR E.B., AGED 38 YEARS,S/O. BAVA, EDAPPARA HOUSE, COMANYPADY NELLIKUZHI P.O,KOTHAMANGALAM, ERNAKULAM, PIN – 686 691.
8 SHEFEEK E.B., AGED 36 YEARS,S/O. BAVA, EDAPPARA HOUSE, COMANYPADY NELLIKUZHI P.O,KOTHAMANGALAM, ERNAKULAM, PIN – 686 691.
9 ALINAS M MUHAMMED, AGED 30 YEARS,S/O. MUHAMMED, MANJAKKAL HOUSE, COMPANYPADY, NELLIKUZHI P.O, KOTHAMANGALAM ERNAKULAM, PIN – 686 691.
0 SHEFEEK C.E., AGED 32 YEARS,S/O. EBRAHIM, CHITTETHUKUDI HOUSE, COMPANYPADY, NELLIKUZHI P.O, KOTHAMANGALAM ERNAKULAM –, PIN – 686 691.
11 NASER M.M, AGED 51 YEARS,S/O. MOIDHEEN, MANAKKATTU HOUSE,NELLIKUZHI P.O, IRAMALLOR VILLAGE,KOTHAMANGALAM, ERNAKULAM, PIN – 686 691.
12 LENIN, S/O. MUHAMMED, KARAMATTATHIL HOUSE,NELLIKUZHI P.O, IRAMALLOR VILLAGE, KOTHAMANGALAM ERNAKULAM, PIN – 686 691.
13 SAJU, S/O. KASEEM, PUTHENPURAYIL HOUSE,NELLIKUZHI P.O, IRAMALLOR VILLAGE,KOTHAMANGALAM ERNAKULAM, PIN – 686 691.
14 MYTHEEN M.M., S/O. MUHAMMED, MANAKKATTU HOUSE, NELLIKUZHI P.O., IRAMALLOOR VILLAGE, KOTHAMANGALAM, ERNAKULAM, PIN – 686 691.
BY ADVS.
ARUNKUMAR A, SC, KSEB K.S.ARUN KUMAR FOR R6 PEEYUS A.KOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 12th day of August, 2024 The petitioners claim to be the residents of the site earmarked by the ADM, Ernakulam District for installing and energizing electricity transformer by the Kerala State Electricity Board. The Kerala State Electricity Board has earmarked 5 locations for installing the new transformer as per Ext.P4 and found the location No.1 i.e. Companypady to Chirappady Manjakkal road site is most suitable site for installing the new transformer.
2. Respondents 7 to 10 in the present writ petition approached this Court by filing W.P.(C) No. 16119/2023 against the site No.1 earmarked for installation of the new transformer by the KSEB Ltd., and this Court vide judgment dated 17.08.2023 in Ext.P3 disposed of the said writ petition with a direction to the Assistant Executive Engineer to refer the dispute regarding installation of transformer to the Additional District Magistrate, Muvattupuzha within a period of one week from the date of receipt of a copy of the judgment. The Additional District Magistrate was directed to hear the petitioners, respondents and the Secretary of the Panchayat and pass appropriate orders in accordance with law.
3. In compliance of the said judgment, the Additional District Magistrate has made a spot inspection and found site No.5 is suitable site for erecting and installing the new transformer.
4. The petitioners submitted that the proposed site for installation of new transformer is not suitable even as per the report of the Electricity Board and it is an accident prone area. It is further submitted that the petitioners were not heard when the decision was taken by the ADM, though they had filed their objection.
5. Considering the limited scope of judicial review, the present writ petition is disposed of with a direction to the ADM to give personal hearing to the petitioners, 5th respondent and the Electricity Board and thereafter earmark the site for installation of the new transformer by the Electricity Board.
Let the ADM issue a fresh notice of hearing within a period of 7 days from today to all concerned parties, and pass a fresh order for installation of new transformer.
