IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1214 of 2009()
1. P.J.JOHNY ALEX @ DENNY THOMAS,
... Petitioner
Vs
1. THE ADDITIONAL DISTRICT MAGISTRATE,
... Respondent
2. THE DEPUTY CHIEF ENGINEER,
3. THE EXECUTIVE ENGINEER,
4. THE DEPUTY GENERAL MANAGER,
For Petitioner :SRI.BABU CHERUKARA
For Respondent :SRI.C.K.KARUNAKARAN, SC FOR KSEB
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :16/06/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.A. No.1214 of 2009
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Dated, this the 16th day of June, 2009
JUDGMENT
S.R.Bannurmath, C.J.
The petitioner/appellant, owner of an island known as
Pazhampilly Thuruthu, wherein he proposes to establish a tourist
resort has challenged the action of respondents 2 to 4 in shifting
and erecting an electric tower. The learned Single Judge
considering the dire necessity to erect the tower declined to
interfere and rejected the writ petition with slight modification.
Hence the present appeal is filed regarding the location of the
towner.
2. After issuance of the notice the third respondent
has filed an affidavit explaining the necessity as well as the terms
put up in lieu of the settlement arrived at between the appellant
and the respondents. The appellant undertakes to construct
basement of the tower at the newly proposed location in the north
W.A.No.1214 of 2009
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western corner of his property already identified and according to
the third respondent the following terms are necessary for
completion of the work:
“(1) The quality of the material used should
be approved by the Board’s officials.
(2) Work should be carried out under the
close supervision of Board’s officials, for which
Appellant has to remit 10% of the estimate amount
as supervision charges.
(3) Since the work on the International
Container Terminal is time bound, and the Board is
obliged to complete its work to enable M/s.RVNL
to complete the work of the Rail link without any
delay, the entire work of relocation of tower should
be completed within 30 days from the date of this
Hon’ble court passing any direction in this regard.
Already 4 months time had elapsed due to the
pendency of the case. Further delay in completion
of tower erection will affect the timely completion
W.A.No.1214 of 2009
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of rail connectivity to I.C.T.T. Vallarpadam, an
infrastructural project of national importance.”
3. The appellant is agreeable for all the terms except
the time limit fixed for completion of the work, i.e. within 30 days.
It is submitted that as per the records, the third respondent himself
has taken 45 days to complete the work and that much time
minimum should be given to the appellant. Learned Standing
Counsel for the third respondent submits that the work is less as
only three foundation pillars are to be constructed and that requires
only 30 days.
4. Taking into consideration the arrival of Monsoon,
though we do not intend to change the term, we give liberty to the
appellant to complete the work within 30 days from tomorrow with
an additional period of 15 days, if required. We make it clear that
in view of the directions as mentioned above, there is no need for
depositing the costs except the 10% supervisory charges. We also
make it clear that this order shall not be treated as a precedent as it
W.A.No.1214 of 2009
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is passed in the peculiar facts and circumstances of the case.
Writ appeal stands disposed of as above.
S.R.Bannurmath,
Chief Justice
Kurian Joseph,
Judge
vns