This court dismissed a writ petition seeking removal of electric lines by the fifth respondent from the petitioner's property. The petition was terminated due to the fifth respondent's death and subsequent non-prosecution.
Petition dismissed for non-prosecution as the fifth respondent is deceased and his legal heirs were not present.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938
WP(C).No. 6133 of 2010 (N)
PETITIONER(S):
LAMBODHARAN, S/O. VELAYUDHAN, PANKKANTAZHIKATHU VEEDU, IDAKKIDAM MURI, KREEPRA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT.
BY ADV. SRI.B.KRISHNA MANI.
RESPONDENT(S):
1. THE DISTRICT COLLECTOR, KOLLAM.
2. ADDITIONAL DISTRICT MAGISTRATE, KOLLAM.
3. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICITY OFFICE, PERAMPUZHA, KOLLAM DISTRICT.
4. THE VILLAGE OFFICER, KAREEPRA VILLAGE, KOLLAM DISTRICT.
5. SIVARAJAN, VADAKKEKARA VEEDU, IDAKKIDAM, KREEPRA VILLAGE, KOLLAM DISTRICT.
R1, R2 & R4 BY SR. GOVT. PLEADER SRI.SANTHOSH PETER. R3 BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC. R5 BY ADV. SRI.B.MOHANLAL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
P.V.ASHA J.
-------------------------------------------W.P.(C) No.6133 of 2010
--------------------------------------------- Dated this the 18th day of August, 2016
J U D G M E N T
The prayer in the writ petition is for a direction to respondents 1 to 4 to remove the electric line, pipe connections and other constructions made by the 5th respondent in petitioner's property comprised in Ext.P1 and for ancillary reliefs.
W.P.(C) No.6133 of 2010
2
respondent is necessary, once it is found that the 5th respondent is no more.
Under the above circumstances, I dismiss the writ petition for non-prosecution.
Sd/- P.V.ASHA, JUDGE.
AS
1 issue framed by the court
Whether the writ petition can be contested given the non-prosecution by the seconded respondent and the death of the fifth respondent.
Lambodharan
The District Collector, Kollam
Additional District Magistrate, Kollam
Assistant Engineer, Kerala State Electricity Board
The Village Officer, Kareepra Village
Sivaranjan
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
