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High Court of KeralaWP(C)/12947/2012dismissed as infructuous

Dharmasheela v. Additional District Magistrate, Alappuzha

2015-02-20Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 12947 of 2012 (P) ---------------------------- PETITIONER:

------------------- DHARMASHEELA, PRAVEEN NIVAS, MUTHUKULAM SOUTH, KAREELAKULANGARA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS:

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

1. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, ALAPPUZHA-688 001.

2. ASST. EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, K.S.E.B. KAYAMKULAM-690 517.

3. BABU, KOOTTUNGAL THEKKATHIL, MUTHUKULAM-690 513.

4. SMT. KAVITHA, SREELEKSHMI, PUTHIYAVILA-690519.

R2 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R1 BY ADV. GOVERNMENT PLEADER SRI. GIKKU JACOB R4 BY ADV. SRI.SREEKANTH S.NAIR R4 BY ADV. SRI.P.BIJIMON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 12947/2012 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 COPY OF THE OBJECTION WITH ENGLISH TRANSLATION EXT.P2 COPY OF THE ROUGH PLAN.

EXT.P3 COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 31-3-2012. EXT.P4 COPY OF THE PLAN SHOWING THE RELATIVE POSITION. EXT.P5 COPY OF THE COMPLAINT DATED 19-5-12.

RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 12947 OF 2012 ------------------------------------ Dated this the 20th day of February, 2015

JUDGMENT

Ext.P3 order according permission in terms of Section 16 of the Indian Telegraph Act is impugned. It is now reported that the electricity lines have since been drawn accordingly. The remedy therefore of the petitioner is to move for shifting of the electricity supply line. The petitioner can either invoke Section 17 of the Indian Telegraph Act or the provisions of The Works of Licensees Rules, 2006.

2.

Any motion made in that regard shall be dealt with untrammeled by Ext.P3 order. The writ petition under the circumstances has become infructuous.

The Writ Petition is dismissed.

V. CHITAMBARESH JUDGE ncd