IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Con.Case(C).No. 689 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.17127/2007 Dated 11/06/2007 .................... : PETITIONER/PETITIONER: --------------------------------------- SANTHAMMA PURUSHOTHAMAN, W/O. PURUSHOTHAMAN, THRIKKALPURATHU HOUSE, GRAMAM MURI, ENNAKADU, CHENGANNUR, ALAPPUZHA. BY ADV. SRI.P.VINODKUMAR RESPONDENTS: RESPONDENTS 1 & 2: ------------------------------- 1. K.G. RAJU, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, THE ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA. 2. ASHOK KUMAR, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, KOLLAKADAVU, ALAPPUZHA. SHRI.K.S.ANIL, SC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ----------------------------------------------- Contempt of Court Case No. 689 of 2008 ----------------------------------------------- Dated, this the 23rd day of May, 2008 J U D G M E N T Heard learned counsel for petitioner and learned Standing Counsel for the Electricity Board. 2. The contempt petition is filed for the reason that petitioner was not heard before annexure C order is passed. It is clear from annexure C order that it was issued on 11/06/2007 i.e. the date on which this Court pronounced the judgment. Therefore, the order was passed without noticing the judgment and there cannot be any contempt. However, I have gone through annexure C order and I find that the order is quite reasonable in as much as the ADM has approved drawal of only weather proof cable of 28 meters drawn from the post standing in petitioner's property. The alternate route suggested involve drawal of 140 m. of live line, which was rightly rejected by the ADM. Petitioner has a further case that instead of drawing weather proof cable, live line is drawn from the post standing in petitioner's property and such live line is passing over his property. If this is done, it is clear violation of annexure C order, which authorises drawal of only 28 meters of weather proof cable over petitioner's property. If live line is drawn COC No.689/2008 -2- contrary to the proposal approved by the ADM, petitioner can bring it to the notice of the ADM and ADM will pass appropriate orders against 2nd respondent including removal of the live line. However, if the line is drawn with weather proof cable in terms of the order, then the matter will stand settled with the order of the ADM. The contempt of court case is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg