IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 21435 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------ 1. K.SHIVANKUTTY, NEDUVELIL THAZHATHELETHIL HOUSE, NJETOOR MURI, KULANAD VILLAGE, PANDALAM, PATHANAMTHITTA DISTRICT, PIN-689 503. 2. N.K.SHAYAMALA, NEDUVELIL THAZHATHELETHIL HOUSE, NJETOOR MURI, KULANAD VILLAGE, PANDALAM, PATHANAMTHITTA DISTRICT, PIN-689 503. BY ADVS. SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX. RESPONDENT(S): ---------------------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA, PIN-689 645. 2. ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA, PIN-689 645. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSE BOARD, PANDALAM, PIN-689 501. 4. THASILDAR, TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA, PIN-689 645. 5. CHELLAMMA, D/O.LAKSHMI NANI, NEDUVELIL MELETHALATHIL, NETTUR MURI, KULANADA, PANDALAM, PATHANAMTHITTA, PIN-689 503. 6. CHELLAPPAN, NEDUVELIL MELETHALATHIL, NETTUR MURI, KULANADA, PANDALAM, PATHANAMTHITTA, PIN-689 503. R1 BY SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL R3 BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB R5 BY ADV. SRI.V.E.ABDUL GAFOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21435/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPORT DTD. 28/02/2005 SUBMITTED BYTHE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT UNDER SECTION 16 OF THE TELEGRAPH ACT. P2: COPY OF THE JUDGMENT DTD. 02/03/2006 IN WPC.NO.31133 OF 2005. P3: COPY OF THE ORDER BEARING NO.S7/9775/2005 DTD. 15/06/2006 PASSED BY THE 2ND RESPONDENT. P4: COPY OF THE JUDGMENT DTD. 01/06/2011 IN WPC.NO.13691 OF2007. P5: COPY OF THE NOTICE BEARING NO.15271/C1/11 DTD. 21/07/2011. P6: COPY OF THE REPORT BEARING NO.C3-2837/2011 DTD. 15/07/2011 PREPARED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE PROCEEDINGS NO.S7-14239/05/K.DIS. DTD. 29/08/2005. R1(B): COPY OF THE CONSENT FURNISHED BY THE PETITIONERS. /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 21435 of 2011 ------------------------------- Dated this the 22nd day of September, 2011 J U D G M E N T This writ petition is filed apprehending that notwithstanding the finality attaching to Ext.P3 order passed by the Additional District Magistrate, Pathanamthitta, the third respondent is likely to draw an electricity line through the lands belonging to the petitioners for the purpose of giving electricity connection to the residence of the fifth respondent. The mother of the fifth respondent applied for electricity connection by submitting an application to the third respondent. The proposal was to draw the line through the property of the sixth respondent. He objected and the third respondent thereupon moved the Additional District Magistrate, Pathanamthitta under section 16 of the Indian Telegraph Act. Two proposals were put forward by the Board before the Additional District Magistrate. One was to draw the electricity line along the route 'AB' through the property of the petitioner and the other was to draw the electricity line along the route 'DE' through the property of the sixth respondent. By Ext.P3 order passed after notice to and hearing the petitioners and other respondents, the Additional District Magistrate permitted the Assistant Executive Engineer to draw the electricity line W.P.(C) No.21435 of 2011 2 along the route 'DE' through the property of the sixth respondent. The said order was favourable to the petitioners and they were not aggrieved thereby. The sixth respondent however challenged that order by filing W.P.(C) No.13691 of 2007 in this Court. This Court declined to interfere with the decision of the Additional District Magistrate and dismissed the writ petition by Ext.P4 judgment delivered on 1.6.2011. This Court however observed that it will be open to the sixth respondent herein, the petitioner in that writ petition, to seek shifting of the electricity line to the boundary of the property. It is in the background of these facts that the instant writ petition has been filed apprehending that notwithstanding the finality attached to Ext.P3 order, the Board is likely to draw the electricity line through the property of the petitioners. 2. A counter affidavit dated 25.8.2011 has been filed on behalf of the first respondent District Collector. In paragraph 4 thereof, it is stated that the Electricity Board and other respondents have no idea or intention to draw the electricity line through the property of the petitioners along the route 'AB' as shown in the sketch produced by the petitioners. 3. When the writ petition came up for hearing today, Sri.K.M.Satyanatha Menon, learned standing counsel appearing for the W.P.(C) No.21435 of 2011 3 Kerala State Electricity Board on instructions submitted that the Board also does not propose to draw the electricity line along the route 'AB' or through any portion of the property of the petitioners and that the line will be drawn only in the manner approved by the Additional District Magistrate. Such being the situation, the petitioners cannot have any subsisting grievance. The writ petition is accordingly closed recording the submission of the learned standing counsel for the Board that the electricity connection to the residence of the fifth respondent or the beneficiary of Ext.P3 order will be given only in the manner approved by the Additional District Magistrate in Ext.P3 order and that the line will not be drawn through the land belonging to the petitioners. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.21435 of 2011 JUDGMENT Dated:- 22nd September, 2011 --------------------------------------