IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12346 of 2009(K)
1. THANKAM, AGED 50 YEARS,
... Petitioner
Vs
1. THE ASSISTANGT EXECUTIVE ENGINEER,
... Respondent
2. THE ADDITIONAL DISTRICT MAGISTRATE,
3. DISTRICT COLLECTOR, ERNAKULAM DISTRICT,
4. THE KERALA STATE ELECTRICITY BOARD,
5. M.P.VARGHESE, MADATHUMPADI VEEDU,
For Petitioner :SRI.SHAJI THANKAPPAN
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/07/2009
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 12346 OF 2009 (K)
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Dated this the 20th day of July, 2009
J U D G M E N T
The challenge in this writ petition is against Ext.P2 order
passed by the Additional District Magistrate exercising his powers
under Section 16 of the Indian Telegraph Act.
2. The petitioner only suggests that if the line is drawn
through the boundary of her property, damages to the property
being cut into two pieces could be avoided. Therefore, the only
request made is that the respondents be directed to consider the
feasibility of drawing the line through the boundary of her
property.
3. Having gone through Ext.P2 and also on hearing the
counsel for the beneficiary, I do not think that if the feasibility of
avoiding an alignment through the middle of the petitioners
property is explored that will be of any prejudice to the
respondents and at the same time, it will be avoiding an injury to
the petitioner also.
4. Therefore, the writ petition is disposed of directing the
1st respondent to consider whether it is possible to draw the line
WPC 12346/09
:2 :
to the premises of the 5th respondent through the boundary of the
petitioner’s property and if such an alignment is feasible, to
consider drawing the line through the said alignment. If it is not
technically feasible, then it will be open to the respondents to
draw the line through the alignment permitted in Ext.P2.
Petitioner may produce a copy of this judgment before the
1st respondent for compliance.
ANTONY DOMINIC, JUDGE
Rp