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Velayudhan vs Kseb on 17 July, 2008

Kerala High Court
Velayudhan vs Kseb on 17 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19986 of 2008(D)


1. VELAYUDHAN, S/O.PARIYAN,
                      ...  Petitioner

                        Vs



1. KSEB, VAIDHYUTHI BHAVANAM
                       ...       Respondent

2. ASST.EXCISE ENGINEER,

3. ADL.DISTRICT MAGISTRATE, PALAKKAD

4. VELMURUKAN, S/O.KULLAN CHETTIYAR

5. CHANDRAN, NARIPOTTA THENARIPADOM

                For Petitioner  :SMT.C.K.SHERIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :17/07/2008

 O R D E R
                          K. M. JOSEPH, J.
                   --------------------------------------
                    W.P.C. NO. 19986 OF 2008 D
                    --------------------------------------
                    Dated this the 17th July, 2008

                              JUDGMENT

Petitioner has approached this Court seeking a direction to

draw the line through the alternate route as proposed by the

petitioner and to stay further proceedings to draw the line and

also to remove the three electric posts installed in the property of

the petitioner.

2. Briefly put, the case of the petitioner is as follows:

Petitioner owns and possesses 76 cents of land at

Muttuchira, Palakkad. According to him, it is possible to give

electric connection to respondents 4 and 5 through the road, It

is stated that it is to cause hardship and loss to the petitioner that

the line is proposed to be drawn through the property of the

petitioner, where he has taken steps to construct a residential

house. The matter is referred to the third respondent, Additional

District Magistrate. However, without any order, connection

has been given to the fourth respondent and going to give

WPC. 19986/08 D 2

connection to the fifth respondent. It is submitted submitted by

the learned standing counsel that, as stated by the petitioner,

connection has already been given to the fifth respondent. But,

the question relating to connection being given to the fourth

respondent, is pending consideration before the third respondent

and only if permission is granted, the line which has already

been drawn to give connection to the fourth respondent, will be

charged as far as the fourth respondent is concerned. In the light

of this, I record the submission of the standing counsel and

direct that without getting permission from the District

Magistrate, the line shall not be charged for giving connection to

the fourth respondent.

The Writ Petition is disposed of as above.

K. M. JOSEPH, JUDGE

kbk.

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