IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 13691 of 2007(E) -------------------------- PETITIONER(S): --------------- CHELLAPPAN, S/O.NANU, NEDUVELIL MELETHIL, NJETTOOR, KULANADA, PATHANAMTHITTA. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S): --------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, PATHANAMTHITTA. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.BOARD, KULANADA, PATHANAMTHITTA. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, PADALAM. 4. SMT.LEKSHMI NANI, NEDUVELIL MELETHIL, KULANADA, PATHANAMTHITTA. ADDITIONAL RESPONDENT: 5. K.SHIVANKUTTY, NEDUVELIL, THAZHETHELETHIL HOUSE, JNETTOOR MURI, KULANAD VILLAGE, PANDALAM, PATHANAMTHITTA DISTRICT. 6. N.K.SHYAMALA, NEDUVELIL, THAZHETHELETHIL HOUSE, JNETTOOR MURI, KULANAD VILLAGE, PANDALAM, PATHANAMTHITTA DISTRICT. (R5 & R6 IMPLEADED AS PER ORDER IN I.A.NO. 7813/07 ON 22.7.2008) ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R2 TO R3 SRI.JACOB P.ALEX FOR ADDL.R5 & 6 GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1.6.2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 13691 of 2007 ================== Dated this the 1st day of June, 2011 J U D G M E N T The petitioner challenges Ext.P2 order of the Additional District Magistrate, Pathanamthitta, whereby the Additional District Magistrate permitted respondents 2 and 3 to draw electricity line through his property to give electricity connection to the 4th respondent. Ext.P2 order is dated 15.6.2006. This Court has not granted any stay. Ext.P2 order says that after hearing all the parties, the Additional District Magistrate found that the most feasible route is “DE” line in the sketch produced. No sketch is seen produced before me. I have no way of deciding whether any other more feasible route is available without taking evidence. In the absence of any proof regarding mala fides, I have no reason to interfere with the finding of the Additional District Magistrate. In the above circumstances, without prejudice to the right of the petitioner to seek shifting of the electricity line through the boundary of the petitioner's property, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2