IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 17780 of 2008(N) -------------------------- PETITIONER(S): ------------------- LATHEEF RAWTHER, SHEEFER MANZIL, VELOOR KRISHNANKUTTY, KOTTAYAM. BY ADV. SRI.V.K.MOHAMMED YOUSUF SMT.SHAMEENA SALAHUDHEEN RESPONDENT(S): -------------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. ASSISTANT EXECUTIVE ENGINEER, EMS, KOTTAYAM. ADDL.R3. SRI.K.KESAVA CHANDRA SENAN, MUNJANATTU DEVI BHAVAN VELOOR, KOTTAYAM -3. ADDL.R4. PRAMMEELA DEVI, MUNJANATTU NANDANAM, VELOOR, KOTTAYAM DT. ADDL.R5. LISAMMA CHERIYAN, KANJIRAPPARAMBIL HOUSE, VELOOR, KOTTAYAM DT. ADDL.R6. PRASAD ABRAHAM, VAZHAKKAT HOUSE, THIRUVATHUCKAL, KOTTAYAM. (ADDL.R3 IS IMPLEADED AS PER ORDER IN IA 1806/2009 DT 30/6/2009 ADDL.R4 IS IMPLEADED AS PER ORDER IN IA 2964/2009 DT 30/6/2009 ADDL.R5 & 6 ARE IMPLEADED AS PER ORDER IN IA 4486/09 DT 30/6/2009) ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 GOVERNMENT PLEADER SRI.MOHAMMED NISHAM SRI.M.P.ASHOK KUMAR FOR ADDL R4,5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17780/2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE JUDGMENT IN OP NO.24999/98 DT 18/12/98. EXT.P2: PHOTOCOPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DT 16.10.99. EXT.P3(a): PHOTOCOPY OF THE PETITION TO THE 2ND RESPONDENT. EXT.P3(b): PHOTOCOPY OF THE SKETCH TO THE 2ND RESPONDENT. EXT.P4: PHOTOCOPY OF THE REPRESENTATION DT 19.12.95. EXT.P5: PHOTOCOPY OF THE REPRESENTATION DT 13.3.2008. EXT.P6: PHOTOCOPY OF THE REQUEST BY THE MUNICIPAL COUNCILOR. EXT.P7: PHOTOCOPY OF THE REQUEST DT 11.1.2008. EXT.P8: PHOTOCOPY OF THE REPRESENTATION DT 1.3.2008. EXTS. OF R5 EXT.R5(a): THE PHOTOCOPY OF THE SKETCH //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17780 OF 2008 (N) ===================== Dated this the 30th day of June, 2009 J U D G M E N T The prayer sought in this writ petition is to quash Ext.P2 and to direct the respondents to shift the 11 KV line drawn from Pulinackal to Old Seminary near transformer at Munjanad through the road in Ward NO.37 of Kottayam Municipality. 2. According to the petitioner, he along with others who are residing below the 11 KV line in question represented for shifting the line. It is stated that the Municipality also requested for shifting the line and based on the estimate prepared by the Board, the Municipality remitted the estimated amount as well. On that basis, the work had started and after a substantial portion of the work was completed, obstruction was raised by one Kesava Chandra Senan. Thereupon the 2nd respondent filed Ext.P3 series before the 1st respondent. On the orders of the 1st respondent, the Additional District Magistrate conducted enquiry and report was also submitted. After hearing the parties, the 1st respondent passed Ext.P2 directing that the line need not be shifted. It is challenging Ext.P2, the writ petition is filed praying for orders for WPC 17780/08 :2 : shifting the line. 3. First of all, Ext.P2 order is dated 16/10/99 and this writ petition was filed only on 12/6/2008. In my view, for the reason that this writ petition is filed belatedly itself, the petitioner has to be declined the relief. If at this distance of time, this Court is to direct shifting of the line, this Court should be in a position to assess the ground realities as is available today. Ext.P2 or the materials do not show the ground realities as of now, and therefore it will be too unrealistic to act on the facts as disclosed in this writ petition and grant relief. 4. Therefore, the proper course to be adopted at this distance of time will be to close this writ petition giving liberty to the petitioner to move the 2nd respondent for shifting the line, if he is still interested in doing so. Therefore, without expressing anything on the merits of the claim, this writ petition is closed leaving it open to the petitioner to move the 2nd respondent afresh, if he is still interested for having the line shifted. ANTONY DOMINIC, JUDGE Rp