Disposed

Sajikumar.K v. the District Collector,Pathanamthitta

Kerala HC13 Feb 2012WP(C)/23110/2011

Case brief

AI extract

What is this about?

Petitioner sought writ to stay installation of an 11 KV transformer near his house and direct the collector to process a shifting application. The court ordered the Additional District Magistrate to determine the representation within two months after a hearing.

What did the court decide?

Direction to the Additional District Magistrate to dispose of the petitioner's representation within two months after hearing affected parties.

Sajikumar.K Vs the District Collector,Pathanamthitta — Writ and Judicial Review | Kerala HC (2012)

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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 B.P.RAY

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MONDAY, THE 13TH DAY OF FEBRUARY 2012/24TH MAGHA 1933

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WPC.No. 23110 of 2011 (K)

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PETITIONER:

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SAJIKUMAR.K, THANNINILKUNNATHIL HOUSE, MUNDUKOTTAKKAL P.O. PATHANAMTHITTA DISTRICT.

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BY ADVS.DR.K.P.SATHEESAN

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SRI.M.R.JAYAPRASAD

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SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR

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RESPONDENTS:

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THE DISTRICT COLLECTOR,

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PATHANAMTHITTA, PIN-689 645.

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THE ASSISTANT ENGINEER,

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KERALA STATE ELECTRICITY BOARD

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ELECTRICAL MAJOR SECTION, PATHANAMTHITTA

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PIN-689 645.

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SURENDRAN, PONPARA, MUNDUKOTTAKKAL P.O., PATHANAMTHITTA PIN-689 649.

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R2 BY SRI.K.M.SATHYANATHA MENON,SC,KSEB R2 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB BY SRI. P.V. ELIAS, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC.No. 23110 of 2011 (K)

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.08.2011.

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EXT.P2 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 22.08.2011.

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RESPONDENTS' EXHIBITS:

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EXT.R2(a) : TRUE COPY OF THE PROCEEDINGS OF THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PATHANAMTHITTA GRANTING ADMINISTRATIVE SANCTION.

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EXT.R2(b) : TRUE COPY OF THE ROUGH SKETCH.

//TRUE COPY//

P.A. TO JUDGE.

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.23110 of 2011

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- - - - - - - - - - - - - - - -

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Dated this the 13^th day of February, 2012.

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JUDGMENT

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Heard the learned counsel for the petitioner.

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The petitioner has filed this writ petition with the

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following prayers:

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to issue a writ of mandamus or order or direction to the 2^nd respondent not to install 11 KV transformer without keeping a distance of minimum 100 mtrs., from the petitioner's house namely House No. V/186 of Pathanamthitta Municipality.

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to issue a writ of mandamus or order or direction to the 2^nd respondent to install the 11 KV transformer at the original proposed site where a post is already erected, without disturbing the livelihood of the petitioner and family.

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to issue a writ of mandamus or order or direction to the first respondent to consider and pass appropriate orders on Ext.P2 representation filed by the petitioner as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court.

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The learned counsel for the petitioner submits that the transformer has been installed three meters away from the petitioner's house. The petitioner has filed an application under Section 17 of the Indian Telegraph Act for shifting the transformer before the first respondent which is now pending. Without expressing any opinion on the merits of the case, I direct the learned Additional District Magistrate,

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W.P.(C) No. 23110/2011 : 2:

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Pathanamthitta to dispose of Ext.P2 representation within two months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to all affected parties. Energisation, if any, of the line will be subject to the orders to be passed by the Additional District Magistrate.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 23110/2011

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: 3:

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B.P. RAY, J.

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O.P.No. 13887 of 2002

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Dated this the 12^th day of January, 2012.

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JUDGMENT

Sajikumar.K v. the District Collector,Pathanamthitta

Case brief

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Sajikumar.K v. the District Collector,Pathanamthitta

Case brief

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