Appeal disposed allowing the appellant to approach the Additional District Magistrate for shifting the electric line drawn during pending writ proceedings, untrammeled by prior observations.
Appellant permitted to file a petition for shifting the electric line with the Addl. District Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY &
THE HONOURABLE MR. JUSTICE V.GIRI
FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930
WA.No. 1307 of 2007()
--------------------{IN WPC.14626/2007 OF THIS COURT}
APPELLANT(S): 1ST PETITIONER
MICHAEL, AGED 52 YEARS, S/O.MATHEW, ANTHIKATTU HOUSE, KOONAMMAVU P.O., ERNAKULAM.
BY ADV. SRI.T.R.ASWAS
SRI.ANIL KUMAR SREEDHARAN
RESPONDENT(S): RESPONDENTS 1 TO 5 AND PETITIONERS 2 TO 6
WA.No. 1307 of 2007
:: 2 ::
R4 & R5 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB R6 TO 10 BY SRI.JOE KALLIATH
R1 TO 3 BY GOVERNMENT PLEADER SMT.K.MEERA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.B. KOSHY, Ag.C.J. &
V.GIRI, J.
W.A.No.1307 of 2007
Dated this the 23th day of January, 2009.
JUDGMENT
Koshy, Ag.C.J.
The appellant is challenging the drawal of 33 kv electric line as per the order of the Additional District Magistrate. According to the appellant, the above line was drawn against the proposal of the Board (Ext.P8) and it is also contended that despite the interim order, line was drawn during the pendency of the writ petition.
The learned single Judge stated that the appellant can file a petition for shifting the line. The effect of the judgment is that the appellant can approach the Additional District Magistrate for shifting of the line and if an application is filed in that regard, it shall be considered untrammeled by the observations in the impugned order and in the impugned judgment.
Appeal is disposed of as above.
sk/
//true copy//
P.S. to Judge
1 issue framed by the court
Whether the appellant could challenge the drawing of a 33 kv electric line against the Board's proposal despite an interim order.
1 provisions across 1 enactments
Michael
The State of Kerala
The District Collector, Ernakulam
The Addl. District Magistrate, Ernakulam
The Kerala State Electricity Board
Asst. Executive Engineer, Electrical Sub Division, KSEB
J.B.Koshy
V.Giri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
