IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9562 of 2006(L)
1. V.LEELAVATHY AMMA,
... Petitioner
Vs
1. ASSISTANT EXECUTIVE ENGINEER,
... Respondent
2. ADDITIONAL DISTRICT MAGISTRATE,
3. DISTRICT COLLECTOR & DISTRICT MAGISTRATE
4. SMITHA NAMBIAR,
For Petitioner :SRI.B.KRISHNAN
For Respondent :SRI.H.BADARUDDIN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :22/11/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.9562 OF 2006
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Dated this the 22nd day of November, 2007
JUDGMENT
Service of notice on this writ petition is complete and
therefore, the matter has been listed today giving opportunity to
the respondents to place counter affidavits, if they so desire.
But, no counter affidavit is on record.
2. There is no dispute that Ext.P2 is a sketch of the alignment
in question. It appears that a larger parcel of land was sliced to
provide a way to the property of the 4th respondent. This
essentially resulted in the petitioner holding two pieces of land
on either side of that way. While it may be true that the
petitioner enjoys electrical energy through the line drawn from A
to B, i.e., through her property, the 4th respondent could also
have an electric line through the way as given to her
independently. After having a way, essentially cutting through
the property of the petitioner, it is wholly unjust for the 4th
respondent to have an electric line over the property, which
WPC.9562/06
Page numbers
belongs exclusively to the petitioner, especially when the 4th
respondent has independent free access and the distance is
essentially the same or even lesser.
In the aforesaid circumstances, the impugned Ext.P1 is
quashed and it is directed that the line to the premises of the 4th
respondent shall be laid through the pathway going to her
property from the main road and expenditure for such shifting
shall be spent by the 4th respondent. The writ petition is allowed
as above. It is directed that this judgment shall be complied with
in a period of three weeks.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.