High Court of KeralaWP(C)/6136/2011disposed of

Thankamma v. Addl. District Magistrate, Alappuzha

2015-06-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 WP(C).No. 6136 of 2011 (N) --------------------------- PETITIONER:

------------------ THANKAMMA, W/O.LTE KUTTAPPAN PILLAI, AGED 78 YEARS, MOORITHITTA, USHA NIVAS, THIRUVANVANDOOR P.O., ALAPPUZHA IN - 689109.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS:

-----------------------

1. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, ALAPPUZHA.

2. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REP.BY ITS SECRETARY

3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, K.S.E. BOARD, CHANGANNOOR.

4. ASSISTANT ENGINER, K.S.E.B.

KALLISSERI, CHENGANNUR.

5. BINDU ANIL KUMAR, W/O. ANIL KUMAR, ASWATHI, THIRUVANVANDOOR P.O., ALAPPUZHA PIN - 689109.

R,R-5 BY ADV. SRI.V.MAHENDRANATH R,R2-4 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R BY SENIOR GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN R BY SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 6136/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE RECEIPT DTD. 22.02.2011 ISSUED BY THE VILLAGE OFFICER, THIRUVANVANDOOR EXHIBIT P2 :

TRUE COPY OF THE OBJECTION DTD. 19.01.2011 FILED BY THE PETITIONER.

EXHIBIT P3 :

TRUE COPY OF PETITION DTD. 24.02.2011.

EXHIBIT P4 :

TRUE COPY OF SKETCH.

EXHIBIT P5 :

TRUE COPY OF ORDER NO. KDIS. N2-62865/2010 DTD. 11.02.2011 PASSED BY THE 1ST RESPONDENT (AMENDED AS PER ORDER DTD. 22.03.2011 IN IA NO. 5295 OF 2011 IN WP(C) NO. 6136 OF 2011). RESPONDENT(S) EXHIBITS:

EXHIBIT R3(a) :

TRUE COPY OF THE ROUGH SKETCH OF THE ROUTE.

/TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 6136 OF 2011 ------------------------------------ Dated this the 5th day of June, 2015

JUDGMENT

It is reported that a different route has been arrived by consensus. The new route does not touch the disputed pathway. The property of the petitioner is also not in any way affected. 2.

The new road crosses the property of one Rajappan Nair and Vasumathi amma. Those persons have allegedly given consent to draw the electricity supply line. Respondents 2 to 4 are at liberty to draw the line accordingly. Ext.P5 order impugned in this writ petition will stand modified to the extent. The Writ Petition is disposed of. No costs.

V. CHITAMBARESH JUDGE ncd