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2026 Supreme(Online)(Ker) 13025

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
ELSAMMA GEORGE – Appellant
Versus
KERALA STATE ELECTRICITY BOARD LIMITED – Respondent
WA NO. 2691 OF 2025 | WA NO. 2777 OF 2025 | WP(C) NO. 5369 OF 2025 | WP(C) NO. 21272 OF 2025



Advocates:
For the Appellants/Petitioners: Shri.P.Kuruvilla Jacob
For the Respondents: Sri.V. Tekchand-SR.GP, Sri. A. Arunkumar, SC, KSEB

The court upheld previous decisions concerning land encroachment and electric post removal, emphasizing procedural expedience for resolution.

Headnote:Legislation and findings regarding land encroachment issues were examined under relevant laws. The court found no grounds for interfering with the earlier orders regarding the removal of an electric post and expediting requisite surveys. The central questions involved determining land status and potential liabilities. The court concluded the challenges to prior findings were insufficient and directed prompt resolution of the ongoing reference before authorities. The writ appeals are accordingly dismissed.

Table of Content
1. hearing of arguments. (Para 1)
2. court's observations on land encroachment. (Para 2 , 3)
3. court's decision on appeals. (Para 4)

We have heard Mr. P. Kuruvilla Jacob, learned counsel for the appellant, Mr. V. Tekchand, learned Senior Government Pleader and Mr. A. Arunkumar, learned Standing Counsel for the Kerala State Electricity Board Ltd.

2. In terms of the earlier order, the learned Senior Government Pleader has submitted a report dated 21 February 2026, the said report is taken on record. It appears from the report that to solve the issue and to determine whether the land is puramboke and an encroachment has taken place, instructions had been issued to the Tahsildar (LR) to conduct the survey along with the Taluk Surveyor after providing due notice to all the concerned parties.

3. The issue with regard to the removal of the electric post from the premises of the appellant’s commercial building and its installation elsewhere requires such action to be carried out in view of the potential liability claims.

4. In view thereof, we find no reason to interfere with the above orders passed by the learned Single Judge. The writ appeals are accordingly dismissed. However, we direct the Tahsildar and the Additional District Magistrate to dispose of the reference as expeditiously as possible as it appears that earlier, a proceeding was initiated pursuant to the judgment dated 13.06.2018 in the earlier writ petition i.e., W.P. (C)No.12124 of 2014 and matter did not progress thereafter, resulting in a fresh writ petition being filed in which the said issue has been raised.

Sd/-

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