IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 32197 of 2009(T) -------------------------- PETITIONER(S): --------------- JAYASREE PANICKER, W/O.CHANDRASEKHARA PANICKER, MALLIATH SREEBHAVAN, PAYIPPAD, NALUKODY P.O., KOTTAYAM DISTRICT. BY ADV. SMT.I.S.LAILA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), KOTTAYAM. 4. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), KOTTAYAM. 5. SPECIAL TAHSILDAR (LA) GENERAL, KOTTAYAM. 6. THE ASST. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, CHANGANACHERRY. R1 TO R5 BY GOVT. PLEADER SRI.I.V.PRAMOD R6 BY SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32197 OF 2009 ------------------------------------------- Dated this the 16th day of November, 2009 JUDGMENT The petitioner claims that an item of property belonging to her, aside a public road, has been encroached upon under the guise of acquisition and that the K.S.E.B. is planting a transformer in the land which is not covered by the acquisition but belonging to her. The petitioner tries to make out a case by saying that survey stones have been layed out and that the alignment which was originally proposed was changed. She says that neither any of her relatives nor she could file objections at the time of acquisition because even she was out side India. The plea abundantly discloses a case only for adjudication of a civil suit or may be on disputed question of extent before the land acquisition court in a reference on the quantum of compensation. As of now, the petitioner has filed a representation to the District Collector. If that is considered, even the petitioner and KSEB will come to a reasonable conclusion at least as regards the WPC.32197/09 2 nature of the specific dispute between the parties. Therefore, without expressing anything on merits and preserving all other contentions of the petitioner and her remedies before other jurisdictions, this writ petition is ordered directing that the District Collector will take up the complaint of the petitioner and if necessary, have a site inspection conducted through a competent officer and issue a decision. Any action taken by the Electricity Board authorities to plant the transformer will, in the mean while, stand deferred. The District Collector will, however, ensure that a final decision is taken within a period of four weeks from now. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.16/11.