IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 16128 of 2006(T) --------------------------------- PETITIONER(S): ------------------- P.R. GOPALAN NAIR, PUNAPPALLIL, MANNANKARACHIRA MURI, KAVUMBHAGAM, THIRUVALLA. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, MANIPUZHA SECTION, KERALA STATE ELECTRICITY BOARD, THIRUVALLA. 2. AMRITHA MOHANDAS, PROPRIETOR, SUGANTHI SPICES, MANNANKARACHIRA MURI, MAVIMBHAGAM, THIRUVALLA. R1 BY SRI.P.P.THAJUDDIN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.16128 of 2006 ------------------------------- Dated this the 14th day of March, 2011 J U D G M E N T The prayer in this writ petition is for a direction to the first respondent to refrain from drawing the electricity line through his property for providing electricity connection to the residence of the second respondent. The petitioner has also prayed for incidental and allied reliefs. 2. The first respondent has filed a statement dated 9.3.2006 wherein it is stated that the electricity line which is now proposed to be drawn will not pass through the property of the petitioner, that it will only pass through the road lying by the side of the petitioner's property and that there is no proposal to erect a post inside or in front of the petitioner's property. It is also stated that if anybody objects to the drawing of the line through their lands, the matter will be placed before the Additional District Magistrate for appropriate orders. In the light of the stand taken by the first respondent in the counter affidavit, the petitioner cannot have any subsisting grievance. The writ petition fails and is accordingly dismissed recording the undertaking on behalf of the first respondent that if any one objects to the line being drawn over the proposed route to provide W.P.(C) No.16128 of 2006 2 electricity connection to the second respondent's business premises, the Board will proceed to draw the line and energise the same only after obtaining the permission of the Additional District Magistrate. P.N. RAVINDRAN, JUDGE. nj.