Disposed

Bhaskaran Nair v. the District Collector

Kerala HC16 Feb 2012WP(C)/3176/2012

Case brief

AI extract

What is this about?

The petitioner sought a writ mandamus directing the 4th respondent to process their electricity connection application. The High Court directed the 4th respondent to transmit the application to the 1st respondent for disposal within 3 weeks, and the 1st respondent to decide it within 4 weeks with a hearing opportunity.

What did the court decide?

Directed 4th respondent to forward application to 1st respondent within 3 weeks, and 1st respondent to dispose within 4 weeks after hearing.

Bhaskaran Nair Vs the District Collector — Service and Employment | 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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THURSDAY, THE 16TH DAY OF FEBRUARY 2012/27TH MAGHA 1933

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WP(C).No. 3176 of 2012 (V)

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

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PETITIONERS:

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1. BHASKARAN NAIR S/O.PARAMESWARAN NAIR, AGED 62, MOOTHEDATH HOUSE THALAYAR, KUTOOR VILLAGE, THIRUVALLA TALUK

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BY ADVS.SRI.P.HARIDAS

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SMT.S.SIKKY SMT. LIJI KUTTAPPAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, PATHANAMTHITTA-689 645.

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2. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,

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PIN-695001.

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3. THE EXECUTIVE ENGINEER,

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KERALA STATE ELECTRICITY BOARD, CHENGANNUR-689121.

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4. THE ASSISTANT EXECUTIVE ENGINEER,

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ELECTRICAL SUB DIVISION, CHENGANNUR-689121.

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5. GOPALAKRISHNAN NAIR, KOCHUKEETHALA HOUSE, THALAYAR, KUTOOR VILLAGE, THIRUVALLA TALUK-689106.

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R2-R4 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R BY GOVERNMENT PLEADER, P.V.EHA R BY SRI.K.M.SATHYANATHA MENON,SC,KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3176 of 2012 (V)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	TRUE COPY OF THE RECEIPT DATED 20.03.2010 FOR THE ELECTRICITY FEE.
EXT.P1(A)	TRUE COPY OF THE RECEIPT DATED 20.03.2010 FOR THE ELECTRICITY FEE.
EXT.P1(B)	TRUE COPY OF THE RECEIPT DATED 20.03.2010 FOR THE ELECTRICITY FEE.
EXT.P2	TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P2(A)	TRUE COPY OF THE RECEIPT FOR EXHIBIT P-2 DATED 21.12.2009.
EXT.P3	TRUE COPY OF THE COMMUNICATION DATED 30.11.2011.
EXT.P3(A)	TRUE COPY OF THE RECEIPT FOR EXHIBIT P-3 DATED 30.11.2011.
EXT.P4	TRUE COPY OF THE PLAINT IN O.S. NO.112/2010 DATED 25.2.2010 BEFORE MUNSIFF'S COURT,THIRUVALLA.
EXT.P5	TRUE COPY OF THE COMMISSIONER REPORT DATED 12.3.2010 IN O.S.NO.112/2010 BEFORE MUNSIFF'S COURT,THIRUVALLA.

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RESPONDENTS' EXHIBITS: NIL.

/TRUE COPY/

P.A TO JUDGE

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3176 of 2012

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 16^th day of February, 2012.

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J U D G M E N T

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Heard the learned counsel for the petitioner, the learned

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standing counsel for KSEB and the learned Govt.Pleader also. The petitioner has filed this writ application with the following prayer:

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“ Issue a writ of mandamus or any other writ, order or direction commanding the 1^st respondent to pass appropriate orders on Exhibit P2 within a time limit fixed by this Honourable Court after giving opportunity to the petitioner for being heard and to adduce evidence”

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The petitioner has applied for the electric connection. But the

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4^th respondent, the Assistant Executive Engineer is obstructing drawing of the electric line to the petitioner's property. The petitioner has

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made an application to the 4^th respondent which is pending.

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3.Without expressing any opinion on the merits of the case, I dispose of this writ petition with direction to the 4^th respondent to forward the application of the petitioner to the 1^st respondent within three weeks from today and the 1^st respondent is directed to dispose of the application within four weeks from the date of receipt of copy of such application, after affording an opportunity of being heard to the petitioner under Section 16(1) of the Indian Telegraph Act.

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W.P.(C) No. 3176 of 2012

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The petitioner shall produce a copy of this judgment and application before the Assistant Executive Engineer within three weeks from today.

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B.P.RAY, JUDGE

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Bhaskaran Nair v. the District Collector

Case brief

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Bhaskaran Nair v. the District Collector

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