IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 31270 of 2010(G) ------------------------- PETITIONER(S) :- ------------------------- LISSY WILLIAM BRUNO, AGED 50 YEARS, W/O.WILLIAM BRUNO, KANAPPILLY HOUSE, KOONAMMAVU P.O., KOONAMMAVU. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S) :- -------------------------- 1. THE ASST.EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, VARAPPUZHA – 683 517. 2. SRI.RAJESH, S/O.JANARDHANAN, MUNDAPARAMBIL HOUSE, KOONAMMAVU P.O., KOONAMMAVU – 683 518. 3. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM – 682 011. ADDL.4. THE VICAR, ST.PHILOMINAS CHURCH, KOONAMMAVU, ERNAKULAM. IS IMPLEADED AS ADDITIONAL RESPONDENT No.4 AS PER ORDER DATED 21.2.2011 IN I.A.No.2982/2011. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.UMESH.N.PAI FOR ADDL.R-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 31270 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Notice dated 10.6.2010 issued by the 3rd respondent to the petitioner. Ext.P2 :- Copy of the Order No.Kdis/5322/10/M5 dated 22.9.2010 issued by the 3rd respondent. Ext.P3 :- Copy of the rough sketch of the properties. Respondent's Exhibits :- Ext.R1(a) :- A rough sketch showing the proposed line route. //True Copy// P.A. to Judge P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 31270 OF 2010 --------------------------------------------- Dated this the 17th day of June, 2011 J U D G M E N T Ext.P2 order passed by the Additional District Magistrate, Ernakulam under section 16(1) of the Indian Telegraph Act, 1885, permitting the first respondent to draw an electricity line through the properties of the petitioner and the additional fourth respondent for the purpose of giving electricity connection to the residence of the second respondent, is under challenge in this writ petition. The main contention raised by the petitioner is that when the petition filed by the first respondent before the Additional District Magistrate was taken up for consideration on 22.06.2010, the petitioner and the additional fourth respondent stated they have no objection to the electricity line being drawn through the boundaries of their properties, that for drawing the line through the boundaries of their properties, an existing post has to be shifted and that the beneficiary should meet the expenses for such shifting. It is stated that thereupon, the hearing was adjourned to 29.7.2010 for the purpose of ascertaining whether the beneficiary is willing to meet the W.P.(C)No. 31270 OF 2010 2 expenses in that regard and that was the reason why the petitioner and the additional fourth respondent were not present on the next hearing date. The petitioner further states that the Additional District Magistrate has without properly taking note of the submissions made by the petitioner and the additional fourth respondent, permitted the line to be drawn along the original alignment proposed by the first respondent. 2. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner and the learned counsel appearing for the additional fourth respondent submitted that they are willing to meet the expenses for shifting the post already standing in the land belonging to the petitioner and that they have no objection to the electricity line being drawn along the boundaries of the properties belonging to them for the purpose of providing electricity connection to the residence of the second respondent. The learned standing counsel appearing for the Kerala State Electricity Board submitted with reference to Ext.R1(a) sketch produced along with the counter affidavit filed by the first respondent that a post is in existence at point-A shown in the sketch, that the said post W.P.(C)No. 31270 OF 2010 3 can be shifted to the point-A1 and from that point, the line can be drawn through boundary of the properties belonging to the petitioner and the additional fourth respondent to provide electricity connection to the residence of the second respondent. In the light of the submissions made at the Bar, as noticed above, I dispose of the writ petition with a direction to the first respondent to draw the electricity line in the manner indicated in Ext.R1(a) sketch along the boundary of the lands belonging to the petitioner and the additional fourth respondent for the purpose of providing electricity connection to the residence of the second respondent in the event of the petitioner and the additional fourth respondent jointly meeting the expenses for shifting the post presently in existence at the point-A to point-A1. Needless to say the expenses for drawing the line from the point marked A1, through the boundary of the lands belonging to the petitioner and the additional fourth respondent to the residence of the second respondent shall be met by the second respondent. P.N.RAVINDRAN, JUDGE dmb