IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 29293 of 2010(J) -------------------------- PETITIONER(S): --------------- RAHUL.K.R, S.R.NIVAS, EDACHOVA, CHOVA P.O., KANNUR. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): --------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, ECHOOR, KANNUR DISTRICT. 3. K.C.RAMACHANDRAN, SRUTHILAYAM, VESALA P.O., CHATTUKAPRA, KANNUR. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 BY GOVERNMENT PLEADER SRI.P.M.MAJOH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.29293/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE OBJECTION DATED 8.1.2010 FILED BEFORE THE VILLAGE OFFICER. EXT.P2. TRUE COPY OF THE SKETCH PREPARED BY THE 2ND RESPONDENT SHOWING THE LIE OF PROPERTY. EXT.P3. TRUE COPY OF THE OBJECTION DATED 8.1.2010 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4. TRUE COPY OF THE ORDER DATED 21.8.2010 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R2(a). A ROUGH SKETCH SHOWING THE ELECTRIC LINE ROUTE APPROVED BY THE 1ST RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29293 of 2010 ----------------------------------------- Dated this the 21st day of February, 2011 JUDGMENT Heard the learned counsel on both sides. Though the 3rd respondent has been served he has not chosen to enter appearance. 2. In this writ petition the petitioner challenges Ext.P5 order passed by the Additional District Magistrate, Kannur, permitting the Kerala State Electricity Board to draw an electricity line across the land belonging to the petitioner to provide electricity connection to the residence of the 3rd respondent. When this writ petition came up for hearing on 14.2.2011 the learned counsel for the petitioner submitted relying on Ext.R2(a) sketch produced by the second respondent that without crossing the land belonging to the petitioner, electricity line can be drawn along the route AEFD indicated in Ext.R2(a) sketch to provide electricity connection to the residence of the 3rd respondent. In the light of the said submission I directed the learned standing counsel appearing for W.P(C).No.29293 of 2010 -:2:- the Kerala State Electricity Board to ascertain and submit whether electricity line can be drawn along the route AEFD to provide electricity connection to the residence of the 3rd respondent. When the writ petition came up for hearing today the learned standing counsel appearing for the Kerala State Electricity Board submitted that it is technically feasible to draw electricity line along the route AEFD indicated in Ext.R2(a) sketch to provide electricity connection to the residence of the 3rd respondent and that if a line is drawn along that route no one will be affected. In such circumstances I dispose of the writ petition with a direction that notwithstanding the permission granted by the District Magistrate in Ext.P4 order it will be open to respondents 1 and 2 to provide electricity connection to the residence of the 3rd respondent along the route AEFD indicated in Ext.R2(a) sketch. The line shall be drawn along the route AEFD indicated in Ext.R2 (a) sketch to provide electricity connection to the residence of the 3rd respondent and the existing line drawn across the petitioner's land shall be dismantled simultaneously within two weeks from the date on which the petitioner deposits the expenses required W.P(C).No.29293 of 2010 -:3:- for drawing the electricity line and dismantling the existing line. The Assistant Executive Engineer of the Electricity Board shall inform the petitioner in writing of the expenses for drawing a fresh electricity line and dismantling the existing line and the petitioner shall deposit the amount within one week thereafter. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29293 of 2010 ---------------------------- JUDGMENT 21st February, 2011