IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 22556 of 2006(I) -------------------------- PETITIONER(S): --------------- V.C.ABRAHAM, AGED 40, S/O. CHANDY, VALEL HOUSE, KALATHIL PADY, VADAVATHOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VIDYUTHY BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, TRANSMISSION DIVISION, K.S.E.B., POVANTHURUTHU, KOTTAYAM. 3. THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, K.S.E.B., THODUPUZHA. 4. ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, K.S.E.BOARD, MOOLAMATTOM, THODUPUZHA. 5. THE DISTRICT COLLECTOR, KOTTAYAM. R1 TO R4 BY ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB SRI.K.M.SATHYANATHA MENON R5 BY GOVT.PLEADER SRI.NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 22556 of 2006(I) APPENDIX PETITIONER'(S) EXHIBITS: EXT.P1 SKETCH SHOWING THE LIE OF THE PETITIONER'S PROPERTY AS WELL AS THE NEARBY PROPERTIES. EXT .P2 COPY OF THE NOTICE DATED 15.07.2006 ISSUED TO THE PETITIONER. EXT.P3 COPY OF THE LETTER DATED 02.08.2006 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P4 COPY OF THE LETTER DATED 02.08.2006 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'(S) ANNEXURES: EXT.R2(a) TRUE PHOTOGRAPHS SHOWING THE PITS ON BOTH SIDES OF THE TOWER. EXT.R2(b) A ROUGH SKETCH SHOWING THE TOWER IN THE LOCATION NO.119. EXT.R2(c) COPY OF THE B.O(FM)NO.2791/2006(TPC2/162/2006) DATED 09.11.2006. //TRUE COPY// PA TO JUDGE BKA K. VINOD CHANDRAN, J. ------------------------------------------ WP(C) NO. 22556 OF 2006 ------------------------------------------ Dated this the 22nd day of December, 2011 J U D G M E N T The petitioner is aggrieved by Exts.P2 and P4 notices by which the petitioner was directed to pay Rs. 3,30,011/- (Rupees three lakhs thirty thousand and eleven only) on account of loss which would be caused to the Kerala State Electricity Board on account of anticipated transfer of the tower and the 220 KV line allegedly running adjacent to the property of the petitioner. The notices were issued in the year 2006 and the petitioner promptly approached this Court with the above writ petition and this Court by interim order dated 23.08.2006 stayed coercive steps for recovery of amounts covered under Ext.P4 and also observed that the stay order shall not restrain the Board from instituting any civil proceedings for realisation of the amount. The KSEB has filed a counter affidavit on 04.10.2011 and admittedly the anticipatory collapse of the tower has not happened WP(C) NO. 22556 OF 2006 ..2.. even after five years. The counter affidavit also does not speak of any action initiated by the KSEB by way of civil proceedings or by way of approaching the District Magistrate. In such circumstances and in the circumstances of the petitioner having been issued no notice prior to the quantification of the alleged loss and the anticipated loss not having occurred even after the expiry of five years, I set aside Exts.P2 and P4 demands made by the KSEB. However, this shall not stand in the way of KSEB approaching statutory authorities for appropriate reliefs on the situation existing at present. This writ petition is allowed with the above observations. K. VINOD CHANDRAN, JUDGE bka/-