IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 14243 of 2010(E) -------------------------------------- PETITIONER: ------------------- CHERIAN A.PAUL, MANGALATH HOUSE, MUMMY'S COLONY, KOWDIAR, THIRUVANANTHAPURAM. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE, ADVS. SRI.ANTONY C. ETTUKETTIL, SRI.M.ANILKUMAR, SRI.A.ANOOP. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. 2. SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), THIRUVANANTHAPURAM. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHY BHAVAN, THIRUVANANTHAPURAM. 4. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, THYCADU DIVISION, THIRUVANANTHAPURAM. 5. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY. 6. SECRETARY, ROAD FUND BOARD, THIRUVANANTHAPURAM. *ADDITIONAL R.7 IMPLEADED: 7. JIBIRI KANNU, S/O. AHAMMED KANNU, AGED 44, RESIDING AT T.C.46/385, VALLAKADAVU.P.O., MANIKKAVILAKOM, THIRUVANANTHAPURAM. *IMPLEADED AS PER ORDER DATED 2/8/2011 IN W.A. NO.1101/2011 OF W.P.(C).NO.14243/2010. W.P.(C).NO.14243/2010-E: **ADDITIONAL R.8 IMPLEADED: 8. LAND REVENUE COMMISSIONER, PUBLIC OFFICE, THIRUVANANTHAPURAM. **IMPLEADED AS PER ORDER DATED 19/11/11 IN I.A. NO.9984/2011 OF W.P.(C).14243/2010. ***ADDITIONAL RESPONDENTS 9 & 10 IMPLEADED: 9. THE SECRETARY, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 10. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. *** IMPLEADED AS PER ORDER DATED 19/11/11 IN I.A. NO. 14512/2011 OF W.P.(C).14243/2010. ****ADDITIONAL R.11 IMPLEADED: 11. XAVI MANO MATHEW, PANACHIKKAL HOUSE, TAGORE NAGAR 10, VAZHUTHACAUD, THIRUVANANTHAPURAM. **** IMPLEADED AS PER ORDER DATED 19/11/11 IN I.A. NO.16770/2011 OF W.P.(C).14243/2010. R1, R2, ADDL.R8 & R9 BY GOVERNMENT PLEADER SMT. P. MAYA, ADDL. R7 BY ADV. SRI. R.T. PRADEEP, R3 & R4 BY SRI.T.R.RAJAN,SC,K.S.E.B, SRI.JELSON J.EDAMPADAM R5 BY ADV. SRI.K.A.JALEEL, S.C, R6 BY ADV. SRI.K.JAJU BABU,S.C, R10 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE, ADV. SRI.P.K.MANOJKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, ALONG WITH W.P.(C). NO. 12550 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.14243/2010-E: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE NOTIFICATION DTD. 18/05/2009 PUBLISHED ON 23/05/2009. EXT.P.2: COPY OF THE AGREEMENT WITH THE PARTNER OF THE PETITIONER FIRM. EXT.P.3: COPY OF THE JUDGMENT OF W.P.NO.29722/2009 OF THIS HONOURABLE COURT DTD. 05/11/2009. EXT.P.4: COPY OF THE REPRESENTATION DTD. 03/11/2009. EXT.P.5: COPY OF THE PLAN. EXT.P.6: COPY OF THE PLAN. EXT.P.7: COPY OF THE NOTICE DTD. 08/10/2010 AFFIXED ON 09/10/2010. EXT.P.8: COPY OF THE BUILDING PERMIT NO.E6/13CA-C-319/09 DTD. 05/04/2010. EXT.P.9: COPY OF THE NOTICE NO. E6/40303/10 DT.D 18/11/2010. EXT.P.10: COPY OF THE JUDGEMENT DTD. 22/12/2010 IN W.P.(C).NO.37689/2010 OF THIS HON'BLE COURT. EXT.P.11: COPY OF THE ORDER DTD. 26/04/2011 OF THE SECRETARY, THIRUVANANTHAPURAM CORPORATION. EXT.P.12: COPY OF THE ORDER DTD. 03/06/2011 PASSED BY THIS HON'BLE COURT. EXT.P.13: COPY OF THE JUDGEMENT DTD. 02/08/2011 IN W.P.(C).20585/2011. EXT.P.14: COPY OF THE ORDER DTD. 06/06/2011. EXT.P.15: COPY OF THE ORDER IN W.P.(C).NO.21143/2011. EXT.P.16: COPY OF THE SKETCH PREPARED BY THE SPECIAL TAHSILDAR, LAND ACQUISITION GENERAL. EXT.P.17: COPY OF THE PHOTOGRAPH. EXT.P.18: COPY OF THE PHOTOGRAPH. EXT.P.19: COPY OF THE PHOTOGRAPH. EXT.P.20: COPY OF THE SKETCH. EXT.P.21: COPY OF THE CONSENT AGREEMENT DTD. 21/08/2011. EXT.P.22: COPY OF THE AWARD DTD. 06/10/2010 PASSED BY THE R.2. EXT.P.23: COPY OF THE RESOLUTION PASSED IN THE BOARD MEETING HELD ON 27/10/2011. W.P.(C).NO.14243/2010-E: RESPONDENT'S ANNEXURS & EXHIBITS:- ANNEXURE-I: COPY OF THE MINUTES OF JOINT INSPECTION REPORT. ANNEXURE-II: A SITE PLAN SHOWING THE SHIFTING OF TRANSFORMERS AT ARISTO JUNCTION. ANNEXURE R2.A: COPY OF THE NOTICE OF HEARING DTD. 29/10/2011. EXT.R5.A: COPY OF THE INSPECTION REPORT DTD. 16/12/2009 PREPARED BY THE ASSISTANT ENGINEER, KSEB, THYCAUD AND PROJECT ENGINEER, KERALA ROAD FUND BOARD, TRIVANDRUM. EXT.R5.B: COPY OF THE LETTER DTD. 10/02/2010 ISSUED BY THE PROJECT ENGINEER, KERALA ROAD FUND BOARD TO THE R.5. EXT.R6.A: COPY OF THE REPORT ON THE BASIS OF THE JOINT INSPECTION ALONG WITH THE POWER OF ATTORNEY HOLDER OF THE PETITIONER ON 16/12/09. EXT.R6.B: COPY OF THE JUDGMENT DTD. 22/12/10 IN W.P.(C).NO.37689/10 OF THIS HON'BLE COURT. EXT.R6.C: COPY OF THE ORDER NO. E6/40303/10 DTD. 17/05/2011 ISSUED BY THE TRIVANDRUM CORPORATION. EXT.R6.D: COPY OF THE LETTER DTD. 19/09/07 FROM THE R.6 TO THE DY. CHIEF ENGINEER OF THE R.3. EXT.R6.E: COPY OF THE DECISIONS OF THE JOINT SITE INSPECTION HELD ON 13/11/07 ALONG WITH A COPY OF THE DRAWING. EXT.R6.F: COPY OF S3/2066/07/TRIDA DTD. 14/09/07 OF THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY ADDRESSED TO KSFDC, THIRUVANANTHAPURAM. EXT.R7.A: COPY OF THE JUDGMENT IN JAGPAL SINGH & ORS VS. STATE OF PUNJAB & ORS REPORTED IN 2011 (2) SCALE 42. EXT.R7.B: COPY OF THE APPROVED SITE PLAN PERTAINING TO THE BUILDING PERMIT NO.BAP-139/98 DTD. 20/07/01. EXT.R7.C: COPY OF THE APPROVED SITE PLAN PERTAINING TO THE EXTENSION- BUILDING PERMIT NO.E6/BA-C-319/09 DTD. 05/04/10. EXT.R7.D: COPY OF THE NEW SITE PLAN ADDING 11 MORE CENTS WITH NEW ACCESS. EXT.R7.E: COPY OF THE REPLY GIVEN BY THE VILLAGE OFFICER DTD 01/12/10 UNDER THE RTI ACT. EXT.R7.F: COPY OF THE DEMOLITION NOTICE NO.D-3 562/08 DT.D 23/09/2009 ISSUED BY ASST. EXECUTIVE ENGINEER. EXT.R7.G: COPY OF THE PROCEEDINGS OF THE CHIEF ENGINEER VIDE D-3-1008/2008 DTD 15/03/10. EXT.R7.H: COPY OF THE OFFICIAL REQUEST BY THE EXECUTIVE ENGINEER, MINOR IRRIGATION, TO THE DISTRICT COLLECTOR-NO.D-3-1008/2008 DTD. 07/02/11. W.P.(C).NO.14243/2010-E: EXT.R7.I: COPY OF THE ENCROACHMENT PLAN PREPARED BY THE TALUK SURVEYOR DTD. 18/01/11 VIDE FILE NO.H11/13904/10. EXT.R7.J: COPY OF THE RELEVANT PAGE OF SETTLEMENT REGISTER OF STATE OF THIRUVITHAMKOTTU, CHENGAZHASEERY PAKUTHI REGARDING SY. NO. 2587. EXT.R7.K: COPY OF THE RELEVANT BASIC TAX REGISTER REGARDING S. NO. 2587/RE- SY-24. EXT.R7.L: COPY OF THE REPORT, MAHAZAR, FORM NO.A AND THE SURVEY SKETCH OF BLOCK NO. 110 IN FILE NO.123/10 DTD. 18/02/11 OF THYCAUD VILLAGE OFFICE. EXT.R7.M: COPY OF THE FORM NO.B-NOTICE DTD. 19/04/11 ISSUED TO THE PETITIONER BY THE ADDL. TAHASILDAR, THIRUVANANTHAPURAM. EXT.R7.N: COPY OF THE LAWYER'S NOTICE DTD. 26/03/11 ISSUED TO THE CHIEF SECRETARY, STATE OF KERALA. EXT.R7.O: COPY OF THE LAWYERS NOTICE ISSUED TO THE REVENUE SECRETARY AND OTHER OFFICIALS DTD. 26/03/11. EXT.R7.P: COPY OF THE LETTER NO. 18904/U1/2011/RD DTD. 11/04/11, OF THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT TO THE DISTRICT COLLECTOR AND THE REVENUE DIVISIONAL OFFICER OF THIRUVANANTHAPURAM. EXT.R7.Q: COPY OF THE PROCEEDINGS DTD. 27/04/11 ISSUED BY THE ADDL. CHIEF SECRETARY. EXT.R7.R: COPY OF THE REPORT OF THE REVENUE DIVISIONAL OFFICER- THIRUVANANTHAPURAM TO ADDL. CHIEF SECRETARY AND DIST. COLLECTOR VIDE PROCEEDINGS NO. F8701/11 DTD. 27/04/11. EXT.R7.S: NOTICE IN FORM-C OF THE LAND CONSERVANCY RULES. EXT.R7.T: FINAL ORDER OF EVICTION ISSUED BY THE ADDL. TAHASILDAR TO THE PETITIONER. EXT.R7.U: COPY OF THE EVICTION MAHAZAR DTD. 11/10/2010. EXT.R7.V: COPY OF THE CONSENT LETTER DTD. 08/11/10 PRODUCED BEFORE THE THIRUVANANTHAPURAM CORPORATION. EXT.R7.W: COPY OF THE FIR IN VANCHIYOOR POLICE STATION CRIME NO.458/2007. EXT.R7.X: COPY OF THE REPORT OF THE INVESTIGATING OFFICER IN VANCHIYOOR POLICE STATION CRIME NO.458/2007. EXT.R.11.A: COPY OF THE SALE DEED NO.3098/2011 OF SRO, CHALAI, THIRUVANANTHAPURAM, IN FAVOUR OF THE PETITIONER. EXT.R.11.B: COPY OF THE SKETCH AND PLAN FOR THE ACQUISITION OF LAND FOR RE- LOCATING AND INSTALLING THE PROPOSED INSTALLATION OF TRANSFORMER. EXT.R.11.C: COPY OF THE ORDER DTD. 01/10/2011 ISSUED BY THE JOINT SECRETARY TO GOVERNMENT, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA. W.P.(C).NO.14243/2010-E: ADVOCATE COMMISSIONER'S ANNEXURES: ANNEXURE A: THE ORIGINAL PHOTOGRAPHS TAKEN ON THE ALTERNATE SITE. ANNEXURE B: THE ORIGINAL PHOTOGRAPHS TAKEN ON THE PRESENT TRANSFORMER UNIT. ANNEXURE C: NOTE SUBMITTED BY THE TECHNICAL EXPERT. ANNEXURE D: SITE PLAN PREPARED BY THE ADVOCATE COMMISSIONER. //TRUE COPY// P.S. TO JUDGE Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NOS.14243 OF 2010 & 12550 OF 2011 ------------------------------- DATED THIS THE 19TH DAY OF NOVEMBER, 2011 JUDGMENT Common issues are involved in these writ petitions. Hence, the writ petitions are disposed of by this common judgment. W.P.(C).No.14243/2010 2. This writ petition is filed seeking to quash Ext.P1, for a direction commanding the respondents to acquire or by way of assignment to take necessary area from 3 cents of land in Sy.No.2586 of Thycadu Village instead of land in Sy.No.2588/A2 and 3 of Thycadu Village and for other incidental reliefs. 3. The petitioner owns and possesses an extent of 10 cents of land in Sy.No.2588/A-2 and 3 of Thycaud Village as per sale deed No.3760/2005. A notification was published in the Kerala Gazette on 22/5/09 for acquiring an extent of 01.10 hectares of land in Sy.No.2586 and 2588 (Re-survey Nos. 32, 43 and 44 in Block No.10 ) of Thycaud Village for re-locating the transformer, which is now situated on the side of the main road, which is being widened. -2- W.P.(C).Nos.14243/2010 & 12550/2011 4. The declaration under Section 6(1) of the Land Acquisition Act was published in the Kerala Gazette as per notification Nos.2076 and 2079 dated 12/11/2009. 0.00.27 hectares of land belong to the petitioner in Sy.No.2588 (old), 0.00.74 hectares of land belong to one Xavy Mano Mathew, power of attorney holder of the petitioner, and 0.00.10 hectares of land belong to one Aboobacker in Sy.No.2586 (old) are the small bits of land involved in the acquisition proceedings. 5. The additional 7th respondent filed a detailed counter affidavit and additional counter affidavit. The additional 7th respondent opposed the prayers in the writ petition contending that he being a duty bound citizen bound to protect Government lands that are being encroached by greedy persons or their personal and commercial interest. The additional 7th respondent submits that he has got every right to bring to the notice of the responsible officers of the State and other Legal, Statutory and Constitutional Authorities about such encroachment into valuable Government -3- W.P.(C).Nos.14243/2010 & 12550/2011 land which is to be preserved for the next generations to come. According to him, the petitioner encroached into the Government land and he has approached this Court for making personal and commercial gains. It is contended that the petitioner is trying to encroach the Government land illegally and he has submitted an application for building permit and plan for the construction of a multi-storied building. It is also contended that the petitioner has suppressed the facts of encroachment into the Government puramboke land. During the pendency of the writ petition the petitioner proposed a new site comprised in Resurvey No.44 having an extent of 0.52 Ares (1.284 cents) other than the plot suggested in the writ petition for re-locating the transformer. In the statement filed by the 2nd respondent Tahsildar dated 2/11/11 it is inter alia stated that an extent of 41 sq.mts. of land comprised in Sy.No.2586 (Resurvey No.32, 43 and 44 of Thycaud Village, Block No.10) was acquired for re-location of the transformer in Aristo Junction on the request of the requisitioning authority (TRIDA), that the -4- W.P.(C).Nos.14243/2010 & 12550/2011 acquisition process was completed, award was passed and possession was also handed over to the requisitioning authority. It is further stated that as the petitioner failed to prove his claim, the compensation amount has been deposited before the Sub Court, Thiruvananthapuram on 14/2/2011. In the statement it is also stated that the present proposal of the petitioner is to shift the installation of the transformer to the newly proposed site as the site under acquisition is a portion of the private pathway leading to the multi- storied building of Southern Hospitalities Pvt. Ltd. and that the new site offered by the petitioner is the land comprised in Resurvey.No.44 of Thycaud Village purchased by him as per sale deed No.3098/11. M/s. Southern Hospitalities Pvt. Ltd. referred to in the statement is the petitioner in the connected writ petition namely, W.P.(C).No.12550/11. It is a construction company. Xavi Mano Mathew is the power of attorney holder of the petitioner and is the Director of Southern Hospitalities Pvt. Ltd. The petitioner is one of the Directors of the Company. The 6th respondent submitted -5- W.P.(C).Nos.14243/2010 & 12550/2011 a site inspection report marked as Ext.R6(a) reporting that the proposed alternate plot (not the new site) comprised in Sy.No.2586 as pointed out by the power of attorney holder of the petitioner is very unsuitable to the shifting of transformer stating four reasons. In the counter affidavit it is further stated that after Ext.R6(a) report the land acquisition proceedings continued for the implementation of Trivandrum City Road Improvement Project undertaken by the Kerala Road Fund Board. It is also stated that the Revenue Authorities took possession of the acquired land and handed over the same to the Kerala Road Fund Board on 11/10/2010 through Trivandrum Development Authority (TRIDA) and that on account of the interim order passed by this Court on 12/10/2010 to the effect that no construction whatsoever should be put up in the land belonging to the petitioner, which is the subject matter of acquisition, the road improvement work is paralysed at Aristo Junction creating a bottleneck. It is also pointed out that the entire property acquired having an extent of 0.1.10 hectares along with -6- W.P.(C).Nos.14243/2010 & 12550/2011 the revenue puramboke in Resurvey No.24 (old Sy.No.2587)forms a rectangular site and it is suitable for re-locating the transformer. It is also stated that out of the property only 2.7 sq. mts. of land belonging to the petitioner are acquired. According to the petitioner, the property notified for acquisition will virtually obstruct the entrance to a multi-storied flat building which is nearing completion. The Multi-storied building is the flat constructed by M/s.Southern Hospitalities Pvt. Ltd. He is one of the Directors of the said Company. In the writ petition it is stated that the petitioner purchased 10 cents of land for the purpose of proper entry and exit of inmates of the flat and their vehicles. It is pointed out that the 10 cents of land purchased lies to the west of the drainage outlet touching the Ohm Tourist Home road from Aristo Junction. It is stated that the petitioner obtained sanction from the Superintending Engineer, PWD for the construction of a culvert across the drainage outlet and that the work of the bridge is also completed. Petitioner submits that if property covered by -7- W.P.(C).Nos.14243/2010 & 12550/2011 Ext.P1 notification is acquired, the access to the next plot where the flat is being constructed, will be closed and thereby the petitioner will sustain irreparable loss and injury. It is said that the respondents are not yielding to the request of the petitioner to install the transformer in Sy.No.2586 of Thycaud Village, which is the alternate site owned by the petitioner. The petitioner requested the Assistant Executive Engineer of KSEB, who is the 4th respondent, to acquire petitioner's alternate land on the road side having an extent of 3 cents mentioned in the writ petition, but the notification was published for acquiring a portion of ten cents of land, which the petitioner purchased for the purpose of proper entry and exist of inmates of the flat and their vehicles. In the earlier writ petition filed by the petitioner, namely, W.P.(C).No.29722/09 similar contentions were raised by him. In Ext.P3 judgment this Court considered the request of the petitioner for shifting the transformer to an alternate site offered by the petitioner. This Court in the said judgment observed that the requisitioning authority -8- W.P.(C).Nos.14243/2010 & 12550/2011 (TRIDA) has no objection in granting the request for shifting the transformer to an alternate site offered by the petitioner, if the KSEB and the Kerala Road Fund Board, which are involved in preparing the alignment, have no objection. This Court disposed of the writ petition directing the petitioner to prefer an appropriate representation before the authorities, the KSEB in consultation with the Kerala Road Fund Board, will intimate TRIDA about its view at the earliest, without any delay. 6. In the counter affidavit filed by the Chief Operating Officer of the 6th respondent- Kerala Road Fund Board, it is pointed out that a concession agreement was entered into by the Board with the Trivandrum Road Development Company Ltd. for improvement of 42 kms. of road in Thiruvananthapurm City, that the project work consisting of 13 corridors in Thiruvananthapuram City was to be completed long back and that on account of the delay, the concessionaire has claimed and realised crores of rupees towards damages. It is also stated that any further delay in -9- W.P.(C).Nos.14243/2010 & 12550/2011 completing the construction will cause huge damages and loss to the Road Fund Board as well as the State Government. It is further stated in the counter affidavit that corridor No.3 consists of road improvement between Museum-Bakery Junction-Thampanur- Overbridge, that Major work in respect of the corridor is completed and that now the road work is paralysed at Aristo Junction in front of Kairali Theatre on account of the order obtained by the petitioner in the writ petition. 7. Petitioner earlier filed W.P.(C).No.29722/09 challenging the acquisition proceedings. The petitioner offered an alternate site for shifting the transformer. This Court disposed of the writ petition with a direction that on the petitioner making appropriate representation, the KSEB in consultation with Kerala Road Fund Board will intimate TRIDA about its view, at the earliest, without any delay. Pursuant to the direction issued by this Court, a joint inspection was conducted, after conducting a meeting of the Officials of the KSEB, Kerala Road Fund Board and TRIDA -10- W.P.(C).Nos.14243/2010 & 12550/2011 on 16/12/2009. On inspection it was found that the land offered was unsuitable for shifting the transformer. Ext.R6(a) is the copy of the site inspection report dated 16/12/2009. 8. In the counter affidavit dated 30/6/2010 filed by respondents 3 and 4 it is inter alia stated that in order to ascertain the feasibility of installing the transformer in the property offered by the petitioner (referring to the site mentioned in the writ petition) an inspection was conducted on 28//6/2010 in the presence of the officials of the Electricity Board. According to respondents 3 and 4, the alternate site offered by the petitioner is a narrow strip of land parallel to the existing natural drain and that the said piece of land is very unsuitable to the shifting of the transformers for the four reasons stated in the counter affidavit. 9. In paragraph 7 of the writ petition it is averred that the petitioner is ready and willing to give three cents of land free of cost and that the site offered was not considered by the authorities. In ground A it is stated that the petitioner already offered an -11- W.P.(C).Nos.14243/2010 & 12550/2011 alternate site for installation of the transformer. Since the said land also belongs to him, there is no necessity to issue fresh notification and that the feasibility of alternate land has not been properly considered by the 4th respondent or its superiors, and that the lst respondent issued notifications under the Land Acquisition Act. In ground D it is pointed out that the present acquisition proceedings will lead to an obstruction in the entry of a flat building having 12 stories put up by M/s. Southern Hospitalities Pvt. Ltd. I have already referred to the alternate site suggested by the petitioner. In Ext.R6(a) report it is stated that the proposed alternate site comprised in Sy.No.2586 mentioned in the writ petition is not suitable for shifting the transformer. 10. In the affidavit filed in support of I.A.No.16770/2011 it is averred that the additional 11th respondent Xavi Mano Mathew is the Managing Director of M/s.Southern Hospitalities Pvt. Ltd. and that he is the petitioner in the connected writ petition. It is stated that the petitioner, who owns a total extent -12- W.P.(C).Nos.14243/2010 & 12550/2011 of 106.225 cents of land in Thiruvananthapuram Corporation, entered into an agreement with the petitioner in the connected cases, namely M/s. Southern Hospitalities Pvt. Ltd. to construct two multi-storied buildings. It is seen that both the petitioners are jointly making construction of two multi-storied buildings. It is stated in the affidavit that an alternate site (new site) was proposed by the writ petitioner for re-locating the transformer from the earlier place. It is pointed out that the KSEB inspected the site and submitted a report stating that the present proposed site (new site) is suitable and technically feasible for the erection of the transformer. 11. This Court passed an interim order dated 24/10/11, which reads as follows: ”There will be an interim direction to the 2nd respondent and the 3rd respondent to conduct a site inspection and submit a report regarding the feasibility of installation of the transformer in the presently suggested property by the petitioner (new site), after consulting the Road Fund Board. The Kerala State Electricity Board shall depute the -13- W.P.(C).Nos.14243/2010 & 12550/2011 Executive Engineer concerned and the Assistant Executive Engineer, Electrical Sub Division, Puthanchantha and other Officers, if any, for the purpose of inspection. Since the matter is extremely urgent, the inspection shall be conducted on 27/10/2011 at 11a.m. Petitioner shall co-operate with the Officers. Petitioner shall produce the title deed and other necessary documents before the 2nd respondent and the Assistant Executive Engineer tomorrow. If necessary, the 2nd respondent shall obtain the assistance of the Taluk Surveyor. Report shall be filed on or before 31/10/2011.'' 12. Pursuant to the above-said interim order, the Assistant executive Engineer, Electrical Sub Division, Puthenchantha conducted an inspection on 27/10/2011 and on 31/10/2011 filed an affidavit reporting the facts gathered after inspection. It is reported that the property suggested by the petitioner is having an area of 19.5m length on the northern side and 22.65m. length on the southern side and the width 4.5m along the road towards Ohm Tourist Home. It is also reported by the -14- W.P.(C).Nos.14243/2010 & 12550/2011 Assistant Executive Engineer, Electrical Sub Section, Puthenchantha that the property suggested by the petitioner (new site) for installing the transformer and structure is technically feasible from the part of the KSEB. It is further reported that the technical feasibility may be accorded for installing transformer and structure on the property suggested by the petitioner provided that the petitioner has to make available the said property through the Kerala Road Fund Board for installing the transformer and structure. The report of the Assistant Executive Engineer was examined by the KSEB. It is stated in the affidavit that shifting can be done subject to the following conditions: “1) The Board is not prepared to meet any expenses in connection with the shifting of transformer to the new place. 2) The Board is not prepared to meet any financial commitment likely to be arisen in connection with the acquiring of the land by the Government. 3) Title and possession of the property sought to be acquired will have to be examined by the Road Fund Board and Land Acquisition Authorities” -15- W.P.(C).Nos.14243/2010 & 12550/2011 13. Subsequently, the Special Tahsildar filed an additional statement on 2/11/2011. Paragraph 4 of the additional statement reads as follows: “a) Site inspection have already been conducted on 27/10/2011 in the presence of the K.S.E.B. Authorites, Taluk Surveyor and the petitioner. b) A personal hearing of the concerned parties has been arranged on 4/11/2011 at 11 a.m. in this regard. c) The Village Officer has been directed to appear on 4/11/2011 for the hearing with specific remarks on the proposed alternate site with the relevant revenue records relating to puramboke and patta land to ascertain whether there is any public resistance in this regard. d) The Taluk Surveyor has been directed to submit a detailed sketch of the present location of the transformer, sketch showing the alternate site and sketch showing the area already acquired for locating the transformer. e) The Assistant Executive Engineer, KSEB has been directed to produce a copy of the technical feasibility report prepared for the alternate site.” -16- W.P.(C).Nos.14243/2010 & 12550/2011 It is further stated that the petitioner has been directed to produce the tax receipt and relevant records to show his title over the property. Ext.R2(a) is the copy of the notice issued to the petitioner. Based on the additional statement, the Tahsildar filed a 2nd report on 11/11/11. 14. In paragraph 4 of the said report it is stated that an extent of 41 sq. mts. of land comprised in Sy.No.2586 of Thycaud Village (Re-survey Nos. 32, 43 and 44, Block No10) was acquired for re-locating the transformer in Aristo Junction on the request of the requisitioning authority (TRIDA). The land acquisition process was completed, award was passed and possession was also handed over to the requisitioning authority on 11/10/2011. In the report it is stated that the new site offered by the petitioner is a land comprised in Sy.No.44 of Thycaud Village, which is a registered land and not a Government land. In paragraph 5 it