IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 10348 of 2008(F) ---------------------------------------------- PETITIONER: ------------------ RAGHAVAN PAPPAN, S/O.PAPPAN AGED 68 YEARS, THAZHETHEDATHU HOUSE MUTHOLY P.O., PALA BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, PALA. 3. ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM. 4. C.P. JOSEPH, SHASTHAMKUNNU MUTHOLY P.O., PALA BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & R2 R3 BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO. 10348 OF 2008 F PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE PROCEEDINGS NO. K. DIS. 47521/2006/H ISSUED BY THE THIRD RESPONDENT. EXT.P2 TRUE COPY OF THE SKETCH PREPARED BY CYRIAC THOMAS, CIVIL ENGINEER. // TRUE COPY// PS TO JUDGE K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 10348 OF 2008 F -------------------------------------- Dated this the 3rd July, 2008 JUDGMENT Petitioner challenges Ext.P1. Ext.P1 is an order passed by the third respondent, Additional District Magistrate under Section 16 of the Indian Telegraph Act, granting permission to draw the electric line as proposed by the second respondent for giving connection to the fourth respondent. I heard the learned counsel for the petitioner and also the learned standing counsel appearing on behalf of the respondent Electricity Board. Though notice was served on the fourth respondent, there is no appearance. What is permitted is drawing of weather proof line along the property of the petitioner. On going through the route, it is found that it is more feasible and convenient. Learned standing counsel would submit that if the petitioner is prepared to bear the expense for putting up an electric post, the line can be drawn along the boundary of the petitioner's property. Counsel for petitioner would submit that the petitioner is WPC. 10348/08 F 2 agreeable to that proposal. In such circumstances, the Writ Petition is disposed of as follows: If the petitioner meets the expense for the post and also the expense for putting up the post, the line as permitted in Ext.P1 will be drawn along the boundary of the petitioner's property. Upon a demand made by the respondent Electricity Board, petitioner will deposit the amount for meeting the expense of the post and putting up of the post as aforesaid, within a period of two weeks from the date of receipt of such demand notice so that the line may be drawn along the boundary as submitted. Sd/= K. M. JOSEPH, JUDGE kbk. // True copy// PS to Judge