IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 3273 of 2010(H) ------------------------- PETITIONER GEORGE CHUMMAR, EDAPPALAKATTU HOUSE, PIRAMADOM P.O., PAMPAKUDA, ERNAKULAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD (K.S.E.B. IN SHORT), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B. SECTION OFFICE, PAMPAKUDA, ERNAKULAM DISTRICT. *ADDL.R3. ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. (*ADDL. RESPONDENT No.3 IS SUO MOTU IMPLEADED AS PER THE JUDGMENT DATED 06.04.2010) ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 3273 OF 2010 ......................................................................... Dated this the 6th April , 2010 J U D G M E N T The petitioner has approached this Court with the following prayers: “i) To issue a writ of mandamus or order or direction to the 2nd respondent not to erect any post just in front of the Petitioner's shop room or connect the stay wire into the petitioner's property carrying 11 KV line. ii) To issue a writ of mandamus or order or direction to the 2nd respondent to draw 11 KV line through the southern side of the Piravom-Muvattupuzha main road without crossing the main road or erecting any Post just in front of the shop room of the petitioner. iii) To issue a writ of Mandamus or order or direction to the 2nd respondent to refer the objection filed by the petitioner to the District Magistrate as provided under the Indian Telegraph Act for appropriate decision in W.P.(C)No. 3273 OF 2010 2 accordance with law. iv) To issue a writ of mandamus or order or direction prohibiting the 2nd respondent from drawing electric line connecting Post 3 to 4 and Post 4 to 5 shown in Ext. P3 sketch. v) to issue such other appropriate Writ, order or direction as is deemed just and necessary in the circumstances of the case.” 2. The learned Standing Counsel appearing for the respondent Board submits, with reference to the counter affidavit that the Board is ready and willing to cause the matter to be referred to the concerned ADM for proper adjudication. 3. In the above circumstances, the second respondent is directed to refer Ext. P4 statement of objection, preferred by the petitioner for consideration and adjudication by the concerned ADM within one week and on receipt of the same, the ADM, Ernakulam shall consider and finalise the matter, after giving an opportunity of hearing to all concerned, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of the judgment. So as to facilitate further W.P.(C)No. 3273 OF 2010 3 steps, the ADM, Ernakulam is suo motu impleaded as Additional 3rd respondent and the learned Government Pleader has entered appearance for the Additional 3rd respondent. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk