K.P Venugopal v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 9817 of 2015 (B) --------------------------- PETITIONER(S):

----------------- K.P VENUGOPAL, AGED 59 YEARS S/O. M.K. PADMANABHA PILLAI, GENERAL MANAGER, KANDAMATH CINE ENTERPRISES P LTD., DHANYA AND REMYA THEATRES, NR. AYURVEDA COLLEGE JN. KUNNUPURAM, THIRUVANANTHAPURAM 695 035 BY ADVS.SRI.K.A.MOHAMED HARIS SRI.V.R.REKESH RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD LIMITED VYDHYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM 695004

2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, SHANTINAGAR PUTHENCHANTHA, THIRUVANANTHAPURAM , PIN CODE-695001

3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, SHANTINAGAR PUTHENCHANTHA, THIRUVANANTHAPURAM PIN CODE-695001

4. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KSEB, TRIVANDRUM 695001

5. THE CHIEF ENGINEER KSEB, VYDHYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM 695004

6. ADDITIONAL DISTRICT MAGISTRATE OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, THIRUVANANTHAPURAM 695001 R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9817 of 2015 (B) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBITP1: TRUE COPY OF RELEVANT PAGES OF HT AGREEMENT EXECUTED BETWEEN PETITIONER AND IST RESPONDENT KSEB EXHIBITP2: TRUE COPY OF THE CASH BILL SHOWING PURCHASE OF CABLE BY PETITIONER EXHIBTI P2(A): TRUE COPY OF THE DEMAND NOTE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION TO THE ASSISTANT ENGINEER KSEB DEMANDING THE ROAD CUTTING CHARGE FOR CABLE LAYING TO THE PETITIONER'S PROPERTY. EXHIBIT P2(B): TRUE COPY OF THE RECEIPT ISSUED FROM PWD ROADS SUB DIVISION DATED 23.4.2013 EXHIBIT P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT CHIEF ENGINEEER DATED 13.2.2015 EXHIBIT P4: A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 10.3.2015 EXHIBIT P5: A TRUE COPY OF THE LETTER ISSUED BY THE DEPUTY COLLECTOR (LA) DATED 17.10.2014 AND THE COPY OF AGREEMENT EXHIBIT P6: A TRUE COPY OF THE LETTER SUBMITTED BEFORE THE ASSISTANT EXECUTIVE ENGINEER DATED 18.3.2015 RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.9817 of 2015 --------------------- Dated this the 31st day of March, 2015

J U D G M E N T

The Kerala State Electricity Board submits that objection has been received from the petitioner as regards the drawing of electricity line across his property. It is also stated that steps are afoot to move the Additional District Magistrate in terms of Section 16 of the Indian Telegraph Act. It is clarified that the line would be drawn only subject to the orders passed by the Additional District Magistrate before whom the motion is made. No line would be drawn without obtaining permission in terms of Section 16 of the Indian Telegraph Act.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.