High CourtsSingle Bench(2023) 01 KL CK 0201

Mansoor S vs District Collector, Kollam, Civil Station Road, Kaankathu Mukku, Kollam District, Pin 691013

High Court Of Kerala · Decided on 23 January 2023

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 2216 Of 2023

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Judgment

13 paragraphs · 347 words

P.V.Kunhikrishnan, J

1.

The above writ petition is filed with the following prayers;

“ i. To issue a writ of mandamus, or any other appropriate writ order or direction directing the 1st respondent to consider Exhibit P5 representation and take appropriate measures for shifting the transformer to a safe distance from the residential building of the petitioner:

ii. To issue a writ of mandamus, or any other appropriate writ or direction or order directing the respondents 2 & 3 to take necessary action on the pending representations preferred by the father of the petitioner;

iii. Dispense with the translation of documents produced in the vernacular language:

iv. Such other writ, orders or directions deem fit on facts and in the interest of justice. ” (SIC)

2.

The grievance of the petitioner is that the Kerala State Electricity Board is going to install a transformer near to the residential building of the petitioner without his consent. The petitioner submitted Ext.P4 before the 1st respondent and the same is not considered. Hence, this writ petition is filed.

3.

Heard learned counsel for petitioner, learned Standing Counsel appearing for the Electricity Board and the learned Government Pleader.

4.

After hearing both sides, I think, there can be a direction to the 1st respondent to consider Exts.P4 and P5, after giving an opportunity of hearing to the petitioner and other affected parties within a time frame. I make it clear that, I have not considered the matter on merit and the 1st respondent is free to pass appropriate orders in accordance to law.

Therefore, this writ petition is disposed of, with the following directions;

1.

There will be a direction to the 1st respondent to consider and pass appropriate orders in Exts.P4 and P5, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment.

2.

Before  passing  final  orders,  an  opportunity  of hearing will be given to the petitioner, KSEB and other affected parties.

3.

Till then the status quo regarding the installation of transformer will continue.