The Writ Appeal challenging the non-hearing of the appellant before permitting an electric line over his property was dismissed. The Court held the line was drawn on a pathway affecting neither trees nor private property rights, and no alternate route was suggested.
The Writ Appeal is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
WEDNESDAY, THE 21ST DAY OF MARCH 2012/1ST CHAITHRA 1934 WA.No. 540 of 2012 () IN WPC/18117/2009 ---------------------------------------AGAINST THE ORDER/JUDGMENT IN WPC.18117/2009 DATED 06-02-2012
APPELLANT(S):/ PETITIONER
CHAKRADHARAN, S/O.VELAYUDHAN, THOTTUMKARA THAZHATHU, POOTHOTTA.P.O., ERNAKULAM.
BY ADV. SRI.ASWIN GOPAKUMAR
RESPONDENT(S):/ RESPONDENTS
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY (REVENUE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS CHAIRMAN.
3. THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, CIVIL STATION, KAKKANAD.
4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISIN, KSEB, THRIPUNITHURA.
5. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM.
6. VIJAYAN, S/O.KRISHNAN, THOTTUMKARA THAZHATH, PUNNAKKAVLI, MANAKUNNAM VILLAGE, POOTHOTTA.P.O., ERNAKULAM.
W.A.NO.540/2012
7. M.V.SASIDHARAN, S/O.VELAYUDHAN, MUNDUPARAMBIL, THOTTUMKARA THAZHATH, PUNNAKKAVLI, MANAKUNNAM VILLAGE, POOTHOTTA.P.O., ERNAKULAM.
BY ADVOCATE SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ.
W.A.No.540 of 2012
Dated this the 21st day of March, 2012.
J U D G M E N T
Ramachandran Nair, J.
This Writ Appeal is filed raising a technical grievance that the appellant was not heard by the ADM before permitting drawal of electric line over the appellant's property to give connection to the applicant.
After hearing both sides and after seeing the sketch produced as Ext.R4(a), we notice that line drawn is over a pathway without even involving cutting of a tree or even a branch of it. The ADM has specifically instructed that post should be inserted without affecting the right of way. This Court has consistently held that electric line for giving connection should be drawn as far as possible on public roads and public pathways, so that enjoyment of private property is not affected. In this case, the line is permitted to be drawn
W.A.No.540/2012
-2-
strictly in accordance with the law declared by this Court. Further, the appellant has not suggested any alternate route through which line can be drawn without causing any inconvenience to anybody.
Consequently, this Writ Appeal fails and is dismissed.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(BABU MATHEW P. JOSEPH, JUDGE)
jg
2 issues framed by the court
Whether the Additional District Magistrate fulfilled the duty of hearing the appellant before permitting electric line drawing over his property.
Whether the permit for electric line drawing was granted strictly in accordance with law.
Chakradharan, S/o.Velayudhan
State of Kerala
The Kerala State Electricity Board
Vijayan, S/o.Krishnan
M.V.Sasidharan, S/o.Velayudhan
C.N.RAMACHANDRAN NAIR
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
