IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 RP.No. 1362 of 2008(K) ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22361/2008 Dated 25/09/2008 .................... REVIEW PETITIONER(S): PETITIONER ----------------------------------- GANGADHARAN PILLAI EZHAVARETH, KIZHAKKEMURI, THAMARAKULAM, MAVELIKKARA. BY ADV. MR.G.GOPAKUMAR (CHERTHALA) RESPONDENT(S): --------------------------- 1. ADDL.DISTRICT MAGISTRATRE, ALAPPUZHA 2. ASST.EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION., KSEB, CHARUMMOOD. 3. RUGMINI AMMA, THANIKKAL KIZHAKKETHIL, KIZHAKKEMURI, MAVELIKKARA. 4. JANAKI AMMA, THANNIKKAL, KIZHAKKEMURI THAMARAKULAM, MAVELIKKARA. 5. SOMAKURUP, THANNIKKAL HOUSE, KIZHAKKEMURI, THAMARAKULAM, MAVELIKKARA. 6. SARASWATHI AMMA, THANNIKKAL HOUSE KIZHAKKEMURI, THAMARAKULAM, MAVELIKKARA. BY GOVT. PLEADER MR.V.T.K.MOHANAN FOR R1 BY ADV. MR.P.P.THAJUDEEN, SC KSEB THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- R.P.NO.1362 OF 2008 IN W.P.C. NO. 22361 OF 2008 K & W.P.C.NO.22361 OF 2008 K -------------------------------------- Dated this the 4th June, 2009 ORDER Review Petitioner is the petitioner in the Writ Petition which was filed challenging Ext.P4 order of the Additional District Magistrate under Section 16 of the Indian Telegraph Act. The Writ Petition was disposed of noting the submission of learned counsel for the petitioner that the petitioner has no objection if the line is drawn as permitted under Ext.P4 and it was observed that the line can be drawn only as permitted under Ext.P4. Thereafter, noting that in view of the fact that the petitioner has no objection in drawing the line as permitted in Ext.P4, the Writ Petition was disposed of making it clear that the line must necessarily be drawn as permitted in Ext.P4. RP.1362/08 IN WPC.22361/08K 2 2. In the Review Petition it is stated that there is a civil suit between the third respondent and the petitioner regarding the pathway, which is pending in SA.No.719/98. It is stated that the petitioner has purchased 24 cents in which five links width pathway was set apart as passage in the use of the third respondent and there is an out of court settlement between the parties as well as the counsel and they have arrived at an understanding that the line can be drawn through the eastern boundary of the petitioner's 24 cents. It is stated that this was what was conceded. What was submitted was that he has no objection to drawing the line through the five links passage set apart on the eastern boundary of the property. But, in the Judgment, it was stated that he has no objection if the line is drawn as permitted in Ext.P4. Hence this Review Petition. 3. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent RP.1362/08 IN WPC.22361/08K 3 Electricity Board and also the learned counsel appearing on behalf of the third respondent. There is no appearance for respondents 4 to 6. Learned counsel for the third respondent does not object to the allowing of the Review Petition and making it clear that the line can be drawn through the eastern boundary of the petitioner's property. Counsel for petitioner submits that the pathway which is the subject matter of the Second Appeal will not be closed till the disposal of the Second Appeal. Learned standing counsel also does not have any objection if the line is shifted provided the entire expenses are met by the petitioner. Learned counsel for the petitioner submits that the petitioner is prepared to meet the entire expenses for the shifting. He also submits that respondents 4 to 6 will not be affected by this. In the light of this, the Review Petition is allowed and there will be a direction in the Writ Petition that the line is to be drawn along the eastern boundary of the property of RP.1362/08 IN WPC.22361/08K 4 the petitioner, provided the petitioner meets the entire expenses required for the same. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge