IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 9804 of 2006(P) ------------------------- PETITIONER(S): --------------- 1. PASTOR GEETHA KRISHNAN, KARMEL BHAVANAM, CHATHENKARI, PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA. 2. VALSAMMA GEETHA KRISHNAN, KARMEL BHAVANAM, CHATHENKARI, PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA. BY ADV. SRI.O.V.MANIPRASAD SRI.GEORGE G.POOTHICOTE RESPONDENT(S): --------------- 1. THANKAMMA, THEKKEATTATHU THEKKETHIL, CHATHENKARI, PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, MANIPUZHA, THIRUVALLA TALUK, PATHANAMTHITTA. 3. THE ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA. ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R2 GOVERNMENT PLEADER FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.9804/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE LETTER DATED 2.6.2005 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXT.P2. TRUE COPY OF THE ORDER PASSED BY THE ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA DATED 24.8.2005 NUMBERED A KDIs/14647/2005 EXT.P3. TRUE COPY OF THE PLAN LSUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.9804 of 2006 ----------------------------------------- Dated this the 24th day of February, 2011 JUDGMENT Ext.P2 order passed by the Additional District Magistrate, Pathanamthitta permitting the second respondent to draw electricity line across the land belonging to the petitioners for the purpose of providing electricity connection to the residence of the first respondent is under challenge in this writ petition. The petitioners contend that though their land is presently lying vacant they intent to put up buildings for which they have obtained permission from the local authority and in such circumstances if electricity line is drawn across their lands they will be seriously prejudiced. In the impugned order the Additional District Magistrate, Pathanamthitta has observed that if later the petitioners intend to put up a building they can take steps to shift the weather proof line drawn across their property to another route. Ext.P2 order also discloses that before the order was passed the parties were heard and a local inspection was conducted. As the impugned order itself protects the rights of the W.P(C) NO.9804/2006 -:2:- petitioners by observing that if later the petitioners intend to put up a building they can take steps to shift the weather proof line drawn across their property to another route I am of the opinion that the petitioners cannot be said to be aggrieved. I therefore, find no grounds to entertain the writ petition. It is accordingly dismissed with the observation that as and when the petitioners intend to construct a building in their land, at the place where the line is presently in existence, it will be open to them to move the Kerala State Electricity Board for shifting the electricity line to another route. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.9804 of 2006 ---------------------------- JUDGMENT 24th February, 2011