IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 14573 of 2010(V) -------------------------- PETITIONERS: ------------------ 1. RADHAMANI, W/O.SURENDRAN, KIZHAKKEPURACKAL HOUSE, KAVANNUR, MALAPPURAM. 2. SRI.KUNHALAN, VETTEKODE HOUSE, P.O.PUNNACKAL,THIRUVAMBADY. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: -------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B., KUNNAMANGALAM. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION,THIRUVAMBADY. 4. SRI.SUDHAKARAN, THONIPARA HOUSE, PUNNACKAL P.O.,THIRUVAMBADY. 5. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOZHIKODE. R1 TO 3 BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.C.K.KARUNAKARAN, SC FOR KSEB R4 BY ADV. SRI.SHEJI P.ABRAHAM R5 BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 14573 of 2010(V) ------------------------------------ APPENDIX ----------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE SKETCH SHOWING THE LIE OF THE PROPERTY OF THE PETITIONERS AND THE 4TH RESPONDENT. EXT.P2. COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT CALLING FOR HEARING EXT.P3. COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPDNENT. EXT.P4 COPY OF THE REPLY SUBMITTED BY THE SECOND RESPONDENT BEFORE THE 5TH RESPONDENT. EXT.P5. COPY OF THE JUDGMENT IN W.P.(C) 2294/10 OF THIS HON'BLE COURT. EXT.P6. ORDER NO.D2-17179/09 DATED 28.4.2010 PASSED BY THE 5TH RESPODENT. EXT.P7. OBJECTIONS TO BE PREFERRED BEFORE THE 5TH RESPONDENT BY THE PETITIONER. RESPONDENT'S EXHIBITS ------------------------------------- EXT.R2(A). A ROUGH KETCH SHOWING THE PROPOSED ELECTRIC LINE ROUTE SUGGESTED BY THE KSE BOARD. 23.2.2011 Sd/- P.N.RAVINDRAN , JUDGE / TRUE COPY / P.A. TO JUDGE VK P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.14573 of 2010 ----------------------------------------- Dated this the 23rd day of February, 2011 JUDGMENT Ext.P6 order passed by the Additional District Magistrate, Kozhikode, permitting the Kerala State Electricity Board and its officers to draw electricity line along the boundary of the lands belonging to the petitioners to provide electricity connection to the residence of the 4th respondent is under challenge in this writ petition. 2. Ext.P6 order was passed on 28.4.2010. It is not in dispute that pursuant to another order passed by the Additional District Magistrate, Kozhikode on 28.4.2010 itself, electricity connection was given to the residence of Sri.Varghese by drawing the electricity line along the boundary of the lands belonging to the petitioners. When this was noticed this Court passed an order on 24.1.2011, directing the 3rd respondent to state whether electricity connection has already been given to the residence of Sri.Varghese and whether for the purpose of giving connection to W.P(C).No.14573 of 2010 -:2:- the residence of the 4th respondent an extension of the line from the post erected to give electricity connection to the residence of Sri.Varghese alone is required. 3. When the writ petition came up for hearing today, the learned counsel on both sides agreed that a line has already been drawn upto the residence of Sri.Varghese and that it is not necessary to again draw a line along the boundary of the lands belonging to the petitioners for the purpose of giving electricity connection to the residence of the 4th respondent. Such being the situation the petitioners cannot be said to be aggrieved by Ext.P6. They had no objection to the line being drawn along the very same route to give electricity connection to the residence of Sri.Varghese. Though they were parties to the order passed by the Additional District Magistrate on 28.4.2010 by which the Board and its officers were permitted to draw electricity line along the boundary of their lands to give electricity connection to the residence of Sri.Varghese, they have not challenged the said order. In such circumstances I am of the opinion that the W.P(C).No.14573 of 2010 -:3:- petitioners are not entitled to any relief in this writ petition. The writ petition fails and is accordingly dismissed. Respondents 1 to 3 shall take expeditious steps to draw the electricity line having regard to the fact that more than eight months have passed after the Additional District Magistrate granted permission to draw the electricity line. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.14573 of 2010 ---------------------------- JUDGMENT 23rd February, 2011