IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 37033 of 2009(Y) --------------------------------------- PETITIONER(S): ---------------------- 1. LISSY MATHEW, AGED 50 YEARS W/O.JOSEPH BERNARD MATHEW, HOUSE NO.1691/A CUSTOMS COLONY, SOUTH JANATHA ROAD, PALARIVATTOM, KOCHI-25. 2. M.J. ROSAMMA, AGED 55 YEARS W/O. K.J. JOHN, HOUSE NO.16/46A, CUSTOMS COLONY, SOUTH JANATHA ROAD, PALARIVATTOM, KOCHI-25. BY ADV. MR.K.ANAND SMT.LATHA KRISHNAN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD REP. BY THE CHAIRMAN, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER MAJOR ELECTRICAL SECTION, (KSEB) PALARIVATTOM, KOCHI. 3. THE MANAGING PARTNER, OLIVE CONSTRUCTIONS, BEHIND INTERNATIONAL STADIUM KALOOR, KOCHI-17. R1 & R2 BY ADV. MR.P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.SIRI JAGAN,J. ------------------------- W.P ( C) No.37033 of 2009 -------------------------- Dated this the 22nd December,2009 J U D G M E N T Petitioners claim to be the owners of a private road through which the 2nd respondent proposes to draw an electricity line for giving electricity connection to an apartment complex being constructed by the 3rd respondent. When it was pointed out to the petitioner that this Court cannot in a writ petition decide the question as to whether the road through which the electricity line is proposed to be drawn is a private road or a public road, the learned counsel for the petitioners seeks permission to withdraw this writ petition without prejudice to the right of the petitioners to establish their right over the road in a Civil Suit and thereafter to move the Board to shift the line from their property if it is found to be their property. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. S.SIRI JAGAN, JUDGE ma 2 3