Disposed

Sasidharan Pillai v. the Addl.District Magistrate

Kerala HC15 Jan 2015WP(C)/28717/2014

Case brief

AI extract

What is this about?

The petitioners and fourth respondent, who are siblings, reached a consensus on shifting the electricity supply line. The distribution company agreed to shift the line within the fourth respondent's compound wall and modify the existing order accordingly.

What did the court decide?

Direct KSEB and Assistant Executive Engineer to shift the electricity line and modify the existing order as per the agreement between the parties; petitioner and fourth respondent to share expenses eq

Sasidharan Pillai Vs the Addl.District Magistrate — Landlord and Tenant | Kerala HC (2015)

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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 V.CHITAMBARESH

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THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936

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WP(C).No. 28717 of 2014 (L)

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PETITIONER:

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SASIDHARAN PILLAI, AGED 48 YEARS, S/O.RAMAN PILLAI, MAROTTIYIL HOUSE, KULASEKHARAMANGALAM P.O., VAIKOM TALUK, KOTTAYAM DISTRICT PIN-686 608.

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BY ADVS.SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.C.N.SREEKUMAR

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RESPONDENTS:

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THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686 001.

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KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM PIN-695001, REP BY ITS SECRETARY.

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THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION, VAIKOM P.O., VAIKOM-686 141, KOTTAYAM DISTRICT.

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MOHANAN PILLAI, AISWARYA, KULASEKHARAMANGALAM P O, VAIKOM TALUK, KOTTAYAM DISTRICT, PINCODE-686 608.

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R2,R3 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R4 BY ADV. SRI.G.SREEKUMAR (CHELUR) BY SENIOR GOVERNMENT PLEADER SRI. S. JAMAL BY SRI.K.M.SATHYANATHA MENON,SC,KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28717 of 2014 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 :- TRUE COPY OF THE SETTLEMENT DEED NO 226 OF 2006 EXHIBIT P2 :- TRUE COPY OF THE WILL DEED NO 14 OF 2006 EXHIBIT P3 :- TRUE COPY OF THE BASIC TAX RECEIPT DTD 10/9/2014 FOR THE YEAR 2014-2015 EXHIBIT P4 :- TRUE COPY OF THE ROUGH SKETCH PREPARED BY THE PETITIONER SHOWING THE LIE AND NATURE OF THE PROPERTY EXHIBIT P5 :- TRUE COPY OF THE WRIT PETITION NO 687/2013 FILED BY THE 4TH RESPONDENT EXHIBIT P6 :- TRUE COPY OF THE ORDER DTD 14/10/2014 PASSED BY THE IST RESPONDENT

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RESPONDENT(S)' EXHIBITS :

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EXHIBIT R4(a) - A TRUE COPY OF THE SKETCH PREPARED BY THE FOURTH RESPONDENT DATED NIL. EXHIBIT R4(b) - A TRUE COPY OF THE AGREEMENT DATED 14.10.2009 EXECUTED BETWEEN THE PETITIONER AND THE FOURTH RESPONDENT EXHIBIT R4(c) - A TRUE COPY OF THE COMMUNICATION DATED 20.10.2012 OF THE ASSISTANT ENGINEER, ELECTRICL SECTION, CHEMBU EXHIBIT R4(d) - A TRUE COPY OF THE DEMAND NOTICE ON THE PETITIONER DATED 04.11.2014.

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/TRUE COPY

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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WP(C) NO. 28717 OF 2014

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Dated this the 15^th day of January, 2015

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JUDGMENT

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I am glad to note that the petitioner and the fourth respondent (who are siblings) have arrived at a consensus at least in regard to the shifting of electricity supply line. It is agreed that the line can be shifted to the southern boundary of the property of the fourth respondent (within the compound wall) for which the existing position of the electric post shall also be changed.

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The electricity line shall be drawn as close to the compound wall as possible without encroaching into the pathway over which the petitioner allegedly claims a right of easement. The expenses for shifting the electricity line and erecting the post shall be borne by the petitioner and the fourth respondent in equal shares. Respondents 2 and 3 shall complete the task without further delay and Ext.P6 order passed by the first respondent is modified accordingly.

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The Writ Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Sasidharan Pillai v. the Addl.District Magistrate

Case brief

What is this about?

What did the court decide?

Sasidharan Pillai v. the Addl.District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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