IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 12357 of 2009(L) -------------------------- PETITIONER(S): ------------------ AJAYAKUMAR.C. SECRETARY, PONNARAYALUMMOODU DHARMA SASTHA TEMPLE, AKKARA THEKKEMUKKU, PATTATHANAM, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): ------------------- 1. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, K.S.E.B., KOLLAM. 2. ASHOKAN.C HARITHAM, J.N.R.A.176, PATTATHANAM.P.O.,KOLLAM. 3. THE ADDITIONAL DISTRICT MAGISTRATE, KOLLAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 12357 OF 2009 (L) ===================== Dated this the 27th day of May, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P2, an order passed by the 3rd respondent permitting shifting of an electrical line. The contention raised is that if Ext.P2 is implemented, a Banyan tree of 100 years old situated in the premises of the temple, of which the petitioner is the Secretary, will have to be cut and removed. 2. Standing counsel appearing for the 1st respondent informs that the 2nd respondent along with 21 others applied to the 1st respondent for shifting the electric line. It is stated that the application was considered and it was decided to shift the line from the alignment of an existing LT line. It is stated that objections were received and thereupon the 1st respondent moved the 3rd respondent, who considered the entire matter and issued Ext.P2 order. It is stated that the allegation that the Banyan tree will have to be cut and removed is incorrect and that all that is needed is to cut and remove a branch of the Banyan tree, which has already been done. It is also informed that substantial WPC 12357/09 :2 : portion of the line has also been broken. 3. From the submissions thus made by the standing counsel for the 1st respondent, it is evident that the premise on which the writ petition is filed that if Ext.P2 is implemented, the Banyan tree has to be cut in its entirety is incorrect. If for drawing a line, a branch of the tree have to be cut, it cannot be said that the same will be causing any prejudice to the temple or the worshippers. Therefore, I do not find any reason to interfere with Ext.P2 order. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp