IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34494 of 2011(J) -------------------------- PETITIONER(S): --------------- S.REGHUNATHAN, KADAVANKANNATHU UZHUVA MURI, PATTANAKKADU P.O. CHERTHALA BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM PO. 695 004 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, PATTANKKADU PO. CHERTHALA 688531 3. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, PATTANKKADU PO. CHERTHALA 688531 4. THE DISTRICT MAGISTRATE, COLLECTORATE, ALAPPUZHA PO. 688001 BY GOVT. PLEADER SRI.G.GOPAKUMAR ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 34494/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ROUGH SKETCH OF THE PROPERTY OF THE PETITIONER EXT.P2 : COPY OF THE PHOTOGRAPH OF THE COCONUT TREE AND THE ELECTRIC LINE EXT.P3 : COPY OF THE NOTICE ISSUED BY SRI.S.S.SATHJITH, ADVOCATE CHERTHALA DATED 27.9.2011 EXT.P4 : COPY OF THE PETITION SUBMITTED BY THE PETITIONER DATED 13.10.2011 EXT.P5 : COPY OF THE ACKNOWLEDGMENT CARD ISSUED TO THE PETITIONER DATED 15.10.2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34494 OF 2011 -------------------------- Dated this the 22nd day of December, 2011 J U D G M E N T The petitioner is the owner of a parcel of land through which an electricity line passes. Initially it was a single phase line. Later it was converted into a three phase line. Aggrieved thereby, the petitioner has filed Ext.P4 application dated 13.10.2011 before the District Magistrate, Alappuzha to direct removal of the three phase line passing through his property. In this writ petition, the petitioner seeks a direction to the District Magistrate to pass expeditious order on Ext.P4 application. 2. When the writ petition came up for hearing today, Sri.G.Gopakumar, the learned Government Pleader appearing for the District Magistrate submitted that that the District Magistrate before whom Ext.P4 representation has been submitted will forward it to the Additional District Magistrate, Alappuzha for appropriate action. In the light of the said submission and having regard to the fact that nearly two months have passed after Ext.P4 representation was filed, I dispose of the writ petition with the following directions. WPC No.34494/2011 2 (i) The fourth respondent shall within one week from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition complete in all aspects, forward the original of Ext.P4 application to the Additional District Magistrate, Alappuzha. (ii) The Additional District Magistrate shall thereupon issue notice to the parties, hear them and pass expeditious orders on the application after affording the petitioner, the officers of the Board and any other person or persons interested an opportunity of being heard expeditiously and in any event within two months from the date of receipt of the application from the District Magistrate. (iii) The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, (JUDGE) vps WPC No.34494/2011 3