IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 195 of 2010(Y) ------------------------ PETITIONER: --------------- RAJAN, S/O.SANKARAN, AGED 55 YEARS, THUNDAYYATHU VEEDU, VALIYAKULANGARA, OACHIRA P.O., KOLLAM. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.PRATHEESH.P RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, OACHIRA. 3. ADDITIONAL DISTRICT MAGISTRATE, KOLLAM. 4. SMT.PRASANNA, G.G.MANDIRAM, MEMANA, VALIYAKULANGARA, OACHIRA P.O., KOLLAM. R3 BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. R1 AND R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R4 BY ADV. SMT.SAJITHA.S.DHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 195 OF 2010 ......................................................................... Dated this the 19th January, 2010 J U D G M E N T Ext. P3 order passed by the third respondent permitting to draw electric line through the property of the petitioner has been subjected to challenge stating that no effective enquiry has been conducted by such statutory authority before passing such order and absolutely no regard has been made to any of the alternative proposals suggested in this regard and the feasibility to draw the line accordingly. 2. When the matter came up for consideration before this Court on 05.01.2010, all further proceedings were intercepted directing to maintain status quo, calling for instructions from the part of the respondents, also ordering 'notice on admission by speed post' to respondent No.4 at whose instance Ext. P3 order has been passed by the third respondent, as contended by the petitioner. W.P.(C) No. 195 OF 2010 2 3. Pursuant to the notice ordered, the 4th respondent has entered appearance and filed I.A.No. 750 of 2010 producing copies of different documents seeking to sustain Ext. P3 order passed by the third respondent, simultaneously seeking to vacate the interim order passed by this Court. The learned Standing Counsel appearing for the Board submits that the matter could be caused to be re-considered by the third respondent after considering the rival submissions and also as to the feasibility of alternate proposals submitted by both the sides. 4. In the above facts and circumstances, Ext.P3 is set aside and the third respondent is directed to reconsider the matter and pass appropriate orders in accordance with law, after giving an opportunity of hearing to all concerned, which exercise shall be pursued as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the judgment. It is also made clear that till such appropriate orders are passed, status quo ordered on 05.01.2010 shall be maintained. So as to facilitate speedy disposal of the matter, the petitioner and W.P.(C) No. 195 OF 2010 3 other respondents shall appear before the third respondent on 02.02.2010. The Writ Petition is disposed of accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk