IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 6TH SEPTEMBER 2007 / 15TH BHADRA 1929 WP(C).No. 25621 of 2005(A) -------------------------- PETITIONER: ------------ POMMILERI PUSHPAVALLI, W/O.K.M.BABU, ANANDA VIHAR, KAYALODE, MAMBRAM P.O. KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN SRI.JOYAN P.ANTONY. SMT.SREEJA SOHAN.K. RESPONDENTS: ------------- 1. K.M.PRAMEELA, W/O.V.P.RAMAKRISHNAN, KRISHNAPRIYA, KAYALODE, MAMBRAM P.O. KANNUR DISTRICT. 2. POMMILERI SHYAMALA, D/O.LAKSHMIKUTTY AMMA, PEEDIKAKANDY VEEDU, P.O.MAMBRAM 670 741. 3. POMMILERI KUNHANANDAN NAMBIAR, W/O.RAMAN NAMBIAR, PUTHEN VEEDU, ERUVATTY AMSOM, ERUVETTY DESOM, 670 642. 4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PINARAYI. 5. THE DISTIRCT COLLECTOR, KANNUR. R4 BY ADV. SRI. P.P. THAJUDEEN, SC, KSEB R1 TO R3 BY ADVS. SRI.K.V.PAVITHRAN & SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL R5 BY GOVERNMENT PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION SENT BY THE PETITIONER'S HUSBAND TO THE 5TH RESPONDENT ALONG WITH A SKETCH PLAN DATED 29.10.2003 EXT.P2 TRUE COPY OF THE REPORT SUBMITTED BY THE TAHILDAR, THALASSERY TO THE 5TH RESPONDENT-DISTRICT COLLECTOR, ALONG WITH THE SKETCH PLAN DATED 2.8.2004 EXT.P3 TRUE COPY OF THE ESTIMATE ALONG WITH THE PLAN SUBMITTED BY THE 4TH RESPONDENT DATED 20.4.2005 EXT.P4 TRUE COPY OF THE PLAINT IN OS NO. 349 OF 2004 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KUTHUPARAMBA. EXT.P5 TRUE COPY OF THE ORDER PASSED BY THE 5TH RESPONDENT, DISTRICT COLLECTOR, DATED 23.4.2005 RESPONDENTS 1 TO 3'S EXHIBITS: EXT.R1(a) TRUE COPY OF THE SKETCH PLAN EXT.R1(b) TRUE COPY OF THE NSOTICE ISSUED TO TAHSILDAR, THALASSERY DATED 5.4.2004 EXT.R1(c) TRUE COPY OF THE NOTICE ISSUED TO THE DISTRICT COLLECTOR DATED 3.9.2004 EXT.R1(d) TRUE COPY OF THE PLAN SUBMITTED BY THE TAHSILDAR, THALASSERY DATED 13.7.2004 TRUE COPY P.S. TO JUDGE. C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- W.P.C. NO. 25621 OF 2005 -------------------------------------------- Dated this the 6th day of September, 2007 JUDGMENT Heard counsel for the petitioner, standing counsel for KSEB and counsel appearing for respondents 1 to 3. Petitioner is challenging the order of the Additional District Magistrate approving shifting of the electric line from the petitioner's property, but not to the extent requested by the petitioner. On going through the sketch produced by standing counsel for KSEB I find the line presently is crossing petitioner's property diagonally. The proposal is to shift the post where from the line starts to the corner of the pathway outside the petitioner's property, take the line through the road-side to the northern end of the petitioner's property and to draw line over the northern boundary of the petitioner's property, from S to R and retain the connection to the beneficiary. Since the proposal is reasonable, W.P. is disposed of directing the fourth respondent to shift the line in terms of the sketch produced by the standing counsel for KSEB in this Court, that is by drawing the line over the northern boundary of petitioner's property 2 and retain connection to the beneficiary. Sketch is returned to the standing counsel for being forwarded to the fourth respondent along with a copy of this judgement. (C.N.RAMACHANDRAN NAIR) Judge 3