IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 38059 of 2007(E) --------------------------------------- PETITIONER: ----------------- SIBY JOSEPH @ M.J.JOSEPH,S/O.JOSEPH, MANNANAM HOUSE,KAKKAYAM P.O. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: --------------------- 1. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD,KAKKAYAM DIVISION. 2. THE EXECUTIVE ENGINEER,KSEB, KAKKAYAM DIVISION. 3. THE CHIEF ENGINEER,CILA,KSEB, THIRUVANANTHAPURAM. 4. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 5. GOVERNMENT OF KERALA REPRESENTED BY POWER SECRETARY,THIRUVANANTHAPURAM. 6. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R1 TO 4 BY GOVERNMENT PLEADER SHRI BASANT BALAJI R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.38059 OF 2007 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED NO.2036/04. EXHIBIT P2 TRUE COPY OF THE PLAN OF THE PROPERTY. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER DATED 4.7.2006. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER DATED 27.10.1998. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN 2P(C) 24975 OF 2006 OF THIS HONOURABLE COURT. EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 12.12.2006. EXHIBIT P7 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 17.9.2007. RESPONDENTS' EXHIBITS: ------------------------------------ EXHIBIT R1A TRUE COPY OF THE SKETCH SHOWING ACCESS TO SHRI SIBY JOSEPH. K. PADMANABHAN NAIR ,J. ------------------------------------------------- W.P.(C) No.38059 of 2007 E ------------------------------------------------- Dated, this the 6th day of February, 2008 JUDGMENT The petitioner and his family members claimed title and possession over 8 acres and 1.60 acres of land comprised in Sy.Nos.630 and 623 of Kurachundu Village, Kozhikode Taluk. It is stated to be a rubber plantation. In connection with implementation of Kuttiadi Hydro Electric Project, the Kerala State Electricity Board acquired a portion of the petitioner's property for the purpose of laying down pen stock pipes from Kakkayam Dam to power house. The District Collector had issued a notice to the petitioner to attend a meeting which was convened by him. Petitioner attended the meeting. Later a cheque for Rs.17,82,549/- was given to him as the value of the land assigned by him. Ext.P1 is a copy of the assignment deed. According to the petitioner thereafter the Board has started digging of very deep trenches in the property for laying down the pen stock pipes and thereby cutting the property belonging to the petitioner into two plots. His further grievance is that his property was lying on the side of a old PWD road and the said road was built with mud and granite and now it is not possible to use that road. It was contended that in view of WP(C) No.38059/2007 2 the width and depth of the trench it is not possible to go to the remaining portion of the property which lies on the other side of the trench. It was also contended that all these activities are illegal and hence the Writ Petition for a direction to the fourth respondent to acquire the entire property belonging to the petitioner also to quash Ext.P6 order. 2. The Executive Engineer, Kerala State Electricity Board, Kakkayam Division has filed a counter affidavit contending that 6.55 hectors of land was purchased for the purpose of laying down pen stock pipes. Of that, 0.8258 hectors of property comprised in Sy.No.630 and 0.6514 hectors of property comprised in Sy.No.625 owned by Smt. Mannual Thresiamma and seven others were purchased from the petitioner paying consideration of Rs.17,82,549/-. It is admitted that petitioner's land is situated between the existing and proposed pen stock pipes. It was contended that the prevailing access to the property is not at all prevented by any means due to the ongoing project activities. It is also submitted that a permanent access from PWD road to the petitioner's property would be constructed and the construction activities are being carried in such a manner to retain the access during construction period also. It is stated that access will be provided to connect the plots lying on either side of the pen stock pipes. The averment that the remaining land of the petitioner has WP(C) No.38059/2007 3 become useless is denied. It is admitted that petitioner's land is lying adjacent to the existing PWD road and he has got direct access to his land from PWD road at the hairpin bent and when the pen stock is cut, the access has to be retained by bridging the existing PWD road over the pen stock for providing permanent access to the petitioner's land. It is also admitted that the existing access has not been cut off till date and the petitioner's land is not getting totally isolated. 3. Learned standing counsel for K.S.E.B. made available photographs to show that even while work is going on the Board had constructed a temporary bridge to connect the old PWD road with the rest of the property. It does not appear to be a permanent construction but appears to be a temporary construction. So I am of the view that after completing the work the Board at its own expense shall construct a permanent access above the pen stock pipe connecting the old PWD road and the rest of the property owned by the petitioner. It must have sufficient strength to carry vehicles carrying normal loads. Until construction of such a bridge the present temporary bridge now constructed shall be maintained and kept in good condition. Board shall take care to see that no land slide or mud take place while digging the trenches. Board shall not create any obstruction and if any obstruction is created the same shall be removed WP(C) No.38059/2007 4 while finishing the work of laying down pen stock pipes. In case there is any dispute between the Board and petitioner they shall approach the District Collector who shall convene a meeting of both parties and take appropriate decisions in accordance with law, if necessary after inspecting the site also. Petitioner shall co-operate with the field staff of the Board for carrying out the work. Board shall permit the petitioner to take light vehicles and also to walk along with the temporary bridge which they have now constructed, but the petitioner shall not cause any obstruction to the Board also. Writ Petition is disposed of as above. Communicate a copy of this order to the District Collector also. K. PADMANABHAN NAIR, JUDGE. cks