IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5041 of 2010(E) ------------------------- PETITIONER: --------------- A.T.AHAMMED, ARIMBRATHAYIL, EDAPPATTA PO, MELATTOOR, MALAPPURAM DISTRICT. BY ADV. SRI.R.PARTHASARATHY SRI.C.JAYACHANDRAN RESPONDENTS: --------------- 1. THE DISTRICT MAGISTRATE, MALAPPURAM DISTRICT, MALAPPURAM. 2. THE SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION MELATTOOR. 3. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PERINTHALMANNA. 4. MUKKIL SUHERA ,D/O.UNNER TUVAOOR AMSOM DESOM,NILAMBUR TALUK, MALAPPPURAM. 5. THANKA,W/O.EDAPPATTA VELUTHARA @ SAFI TUVOOR AMSOM, DESOM, NILAMBUR TALUK MALAPPURAM DISTRICT. 6. BABURAJ, S/O.VELUTHARA @ SAFI DO..DO.. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN R2 AND R3 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 5041 OF 2010 ......................................................................... Dated this the 23rd February, 2010 J U D G M E N T The grievance of the petitioner is that despite raising Ext. P2 objection, the respondent Nos. 2 and 3 are proceeding with further steps to cause the electric line to be drawn through the property of the petitioner without obtaining permission of the first respondent, who is the competent authority under the relevant provisions of law. 2. The learned Standing Counsel appearing for the respondents 1 and 2 submits that the objection preferred by the petitioner has already been received and that the matter can be caused to be considered by the first respondent, simultaneously adding that the steps are being pursued to have the same referred to the first respondent . In view of the limited nature of the reliefs prayed for and proposed to be given, this Court does not find it necessary to issue notice to the 4th to 6th W.P.(C) No. 5041 OF 2010 2 respondents for the time being. 3. In the facts and circumstances, the respondent Nos. 2 and 3 are directed to cause Ext. P2 objection raised by the petitioner to be referred to the first respondent within one week from the date of receipt of a copy of the judgment. On such an event, the first respondent shall consider the matter and finalise the proceedings in accordance with law, after giving an opportunity of hearing to the petitioner and all concerned, including respondent Nos. 4 to 6. The proceedings in this regard shall be finalised as expeditiously as possible, at any rate within six weeks from the date of receipt of reference as above . It is made clear that drawal of the line through the property of the petitioner will be subject to the orders to be passed by the first respondent . The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk