Disposed

Moidu v. the Addl.District Magistrate

Kerala HC3 Aug 2007WP(C)/14417/2007

Case brief

AI extract

What is this about?

The Court directed the Assistant Executive Engineer to draw a weather proof cable over the petitioner's boundary property, allowing underground insulated cable use only if the line length necessitates it and connection cannot be given otherwise.

What did the court decide?

Direction to draw weather proof cable over the boundary; petitioner to supply underground insulated cable if necessary for connection.

Moidu Vs the Addl.District Magistrate — Service and Employment | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

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FRIDAY, THE 3RD AUGUST 2007 / 12TH SRAVANA 1929

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WP(C).No. 14417 of 2007(N) --------------------------

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PETITIONER:

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MOIDU, KAYALULLA PARAMBA, KAVILAMPARA, KOZHIKODE - 13.

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BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN

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RESPONDENTS:

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THE ADDL.DISTRICT MAGISTRATE, KOZHIKODE.

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THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, NADAPURAM, KOZHIKODE.

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SMT.KUNIYIL MATHU,

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KUNIYIL VEEDU, KAVILUMPARA, KOZHIKODE DISTRICT.

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KUNJABDULLA, PACHANKANDI, KAVILUMPARA, KOZHIKODE DISTRICT.

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SRI.POKKER,

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VENGADEN VEETTIL, KAVILUMPARA, KOZHIKODE DISTRICT.

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SRI.PAVITHRAN,

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ERANHIJULLATHIL, KAVILUMPARA, KOZHIKODE DISTRICT.

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SMT.PATHU,

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MOTTUMMAL, KAVILUMPARA, KOZHIKODE DISTRICT.

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THE SECRETARY, KAVILUMPARA PANCHAYATH, KOZHIKODE DISTRICT.

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R2 BY SC SRI.P.P. THAJUDEEN

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R8 BY ADV. SRI.S.SREEKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 TRUE COPY OF THE ROUGH SKETCH

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EXT.P2 TRUE COPY OF THE ORDER DATED 18.4.2007 PASSED BY THE FIRST RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

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TRUE COPY

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P.S. TO JUDGE.

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C.N.RAMACHANDRAN NAIR,J.

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W.P.C. NO. 14417 OF 2007

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Dated this the 3rd day of August, 2007

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JUDGMENT

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Heard counsel for the petitioner and standing counsel for the Ele. Board. The line approved over the petitioner's property is weather proof line of 35 metres length. Obviously there is no scope for interference as weather proof line is insulated and benign. However, counsel for the petitioner pointed out that if line is drawn through the boundary of the petitioner's property the land could be utilised for construction of a building. Probably if line is drawn through the boundary, longer cable may have to be used, which may be in excess of permissible limit of weather proof line. I do not think five or ten metres more of weather proof line will matter. In the circumstances, there will be direction to the second respondent to draw the weather proof cable over the boundary of petitioner's property. However, if by any chance the length of the cable is such that connection cannot be given with longer weather proof cable, he will draw line by using insulated cable through underground which will be supplied by the petitioner.

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W.P. is disposed of as above.

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(C.N.RAMACHANDRAN NAIR) Judge

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Moidu v. the Addl.District Magistrate

Case brief

What is this about?

What did the court decide?

Moidu v. the Addl.District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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