Disposed

K.S.E.B.Others v. Adm.Pathanamthitta.

Kerala HC8 Aug 2007WP(C)/16841/2006

Case brief

AI extract

What is this about?

The Kerala State Electricity Board vide writ petition challenged an ADM's order approving the shifting of an electric line from the second respondent's property to a nearby road. The court disposed of the writ petition, upholding the ADM's order directing KSEB to bear the installation and shifting costs, subject to ensuring no obstruction to the private pathway.

What did the court decide?

The writ petition disposed of upholding the ADM order directing KSEB to install the post and shift the line at their cost without causing obstruction.

K.S.E.B.Others Vs Adm.Pathanamthitta. — Landlord and Tenant | 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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WEDNESDAY, THE 8TH AUGUST 2007 / 17TH SRAVANA 1929

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WP(C).No. 16841 of 2006(E)

PETITIONER:

THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM.

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THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, ADOOR.

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BY ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB

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RESPONDENTS:

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THE ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA.

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M.K. SIVADASA PANICKER, CHANDRIKA BHAVAN, ADOOR. P.O.

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BY ADV. SRI.M.P.KRISHNAN NAIR – FOR R2

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ADV. SMT.M.K.PUSHPALATHA, GOVERNMENT PLEADER

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

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WP(C) No. 16841/2006

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APPENDIX

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PETITIONER'S EXHIBITS

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P1 : COPY OF THE ORDER NO.K.DIS-49756/04/S7 DATED 27/08/2005.

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P2 : COY OF THE COVER IN WHICH EXT.P1 IS RECEIVED IN OFFICE OF THE 2ND RESPONDENT DATED 21/03/2006.

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P3 : COPY OF THE JUDGMENT DATED 16/03/2005 IN WP(C) No. 7719/2005.

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P4 : COPY OF THE FORWARDING LETTER AND ESTIMATE DATED 24/05/2005.

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P5 : COPY OF THE NOTICE DATED 06/12/2000.

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P6 : COPY OF the ORDER ISSUED BY ELECTRICAL INSPECTOR DATED 17/04/2002.

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P7 : COPY OF THE ORDER, DATED 07/01/1992.

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RESPONDENT'S EXHIBITS

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R2(a) : COPY OF the JUDGEMNT DATED 02/04/2004 IN OP 12130/2003 OF THIS HON'BLE COURT.

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R2(b) : COPY OF THE NOTICE NO.S7-49756/2004 DATED 27/01/2005 ISSUED by the 1ST RESPONDENT.

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R2(c) : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND RESPONDENT BEFORE THE ADDL. DISTRICT MAGISTRATE, THE 1ST RESPONDENT HEREIN, TO DROP THE PROPOSAL TO DRAW ELECTRIC LINE THROUGH HIS PROPERTY BY PASTOR JOHN CHERIYAN.

// TRUE COPY //

PA TO JUDGE.

C.N.RAMACHANDRAN NAIR, J.

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WP(C) No. 16841 of 2006

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Dated, this the 8^th day of August, 2007

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J U D G M E N T

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Petitioner-Board is challenging ADM's order approving shifting of electric line from 2^nd respondent's property to a nearby road. The ADM has further stated that the cost should be met by the KSEB. Learned Standing Counsel for KSEB submitted that the road is a private pathway and there is likelihood of objection from the public. Of course, I am sure that the ADM did not intend to block the road or the private pathway by installing an electric post. So far as the line is not exclusively for the benefit of the 2^nd respondent, 2^nd respondent should not be directed to pay the cost merely because he is the beneficiary of shifting of the post and the line. In the circumstances, this writ petition is disposed of upholding the order

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of the ADM directing KSEB to install the post and shift the line at their cost but without causing obstruction on the road.

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(C.N.RAMACHANDRAN NAIR, JUDGE)

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K.S.E.B.Others v. Adm.Pathanamthitta.

Case brief

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K.S.E.B.Others v. Adm.Pathanamthitta.

Case brief

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