Dismissed

M.S.Muhammad v. Asst. Exe. Engineer

Kerala HC23 May 2007WP(C)/13495/2007

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the installation of a transformer post and stay wires by KSEB. The bench declined to interfere with the standing of the wires, noting they existed previously, and left the petitioner to approach the Additional District Magistrate for shifting the post.

What did the court decide?

The petitioner is left to approach the Additional District Magistrate with a petition for shifting the stay wire or electric post.

M.S.Muhammad Vs Asst. Exe. Engineer — Landlord and Tenant | Kerala HC (2007)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

¶4

WEDNESDAY, THE 23RD MAY 2007 / 2ND JYAISHTA 1929

¶5

WP(C).No. 13495 of 2007(F)

PETITIONER:

M.S.MUHAMMAD, S/O.M S A MEERAN, AGED 42 YEARS, ALFATHAF MANZIL, VERUVALLY BHAGOM, KEERIKAD, KAYAMKULAM.

¶10

BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR)

¶11

RESPONDENTS:

¶12

¶13

THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION, CONSTRUCTION SUB DIVISION, K.S.E.B. MAVELIKARA.

¶14

THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., KAYAMKULAM WEST.

¶15

ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA.

¶16

R1&2 BY ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB R3 BY G.P. SRI.BASANT BALAJI

¶17

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

APPENDIX

¶19

PETITIONER'S EXHIBITS:

¶20

P1: TRUE COPY OF THE BASIC TAX RECEIPT DT.22.2.2007.

¶21

P2: TRUE COPY OF THE SKETCH PREPARED BY PETITIONER.

¶22

TRUE COPY

¶23

P.A. TO JUDGE

¶24

C.N.RAMACHANDRAN NAIR, J.

¶25

.................................................................... W.P.(C) No.13495 of 2007

¶26

Dated this the 23rd day of May, 2007.

¶27

JUDGMENT

¶28

Even though petitioner's allegation is that new stay wires are laid in his property without his approval and without obtaining Additional District Magistrate's permission, Standing Counsel for KSEB submitted that the stay wires were existing for long period and all what is presently done is installation of another post to which a transformer is attached. According to Counsel for KSEB both the posts are on the road outside of petitioner's property. Counsel for the petitioner submitted that the post is installed in such a way as to prevent entry to petitioner's house which does not appear to be correct based on the sketch produced by KSEB. In any case I leave it open to the petitioner to approach the ADM with a petition for shifting the stay wire or electric post to a convenient place which is a matter to be considered by ADM after hearing the petitioner and KSEB.

¶29

C.N.RAMACHANDRAN NAIR Judge

¶30

pms

M.S.Muhammad v. Asst. Exe. Engineer

Case brief

What is this about?

What did the court decide?

M.S.Muhammad v. Asst. Exe. Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kuthruthode Nellulpadaka Karshaka Vs State of Kerala

Mathew Vincent Vs Rajv Gandhi School of Nursing

C.O.Devassy Vs the Registrar of Co-Operative Societies

O.v.Sreedharan Vs the Addl.Sale Tax Officer-Ii,Kannur

A.J.Annakutty Vs the Deputy Commissioner (Appeals) Commer

K.U.Nazir Vs the Intelligence Officer & Anr.