IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 3926 of 2010(M) --------------------------------------- PETITIONER(S): ------------------------ SMT.KADEEJA, W/O. LATE SRI.ALIYAR, ACHI FOUR CENT COLONY, PUTHUPADY AMSOM DESOM, PUTHUPADY, KOZHIKODE. BY ADV. MR.K.A.SALIL NARAYANAN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOZHIKODE. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, THAMARASSERY. 4. SRI.SIVANAIYYAN, ACHI, PUTHUPADY. 5. SMT.PATHUMMA, VETTIKKUNNUMMEL, ACHI, PUTHUPADY. 6. SRI.AZIZ, S/O. HANEEFA, PERINGALAMKUNNU, ACHI, PUTHUPADY. R1 & R2 BY GOVERNMENT PLEADER MR. MATHEW GEORGE VADAKKEL R3 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3926/2010 M APPENDIX PETITIONER'S EXHIBITS: P1: ROUGH SKETCH SHOWING THE LINE DRAWN BY KSEB AND THE ALTERNATE ROUTE AVAILABLE WITHOUT CAUSING DAMAGE TO ANYONE. P2: OBJECTIONS PREFERRED BY THE PETITIONER'S HUSBAND AND ANOTHER BEFORE THE 3RD RESPONDENT. P3: OBJECTIONS PREFERRED BY THE PETITIONER'S HUSBAND AND ANOTHER BEFORE THE DISTRICT COLLECTOR. P4: NOTICE ISSUED BY THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER AND OTHERS REGARDING HEARING OF THE MATTER. P5: COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC.NO.21790/08 ON 18TH JULY 2008. P6: COPY OF JUDGMENT IN WPC.NO.21790/08 PASSED BY THIS ON 8/8/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 3926 of 2010-M ---------------------------- Dated this the 11th day of March, 2010. J U D G M E N T The learned counsel for the petitioner submits that the first respondent has passed an order, which has been produced as Ext.R2(a) along with counter affidavit stated as filed by the second respondent, (which however is still to form part of the records) and that the petitioner wants to challenge the said order. It is stated that the present Writ Petition can be closed, without prejudice to the right of the petitioner to pursue such exercise and seeks for some breathing time in this regard. 2. Heard the learned standing counsel appearing for the Board as well as the learned Government Pleader appearing for the respondents 1 and 2. 3. In view of the submission made from the part of the petitioner, this Writ Petition is closed, reserving rights and liberties of the petitioner to challenge the order stated as passed by the first respondent. So as to enable the petitioner to pursue such exercise, W.P(C) No. 3926 of 2010-M 2 all further coercive proceedings shall be kept in abeyance for a period of two weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON, JUDGE //True Copy// P.A to Judge