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High Court of KeralaWP(C)/14647/2015disposed of

Nirmala Devi v. Kerala State Electricity Board

2015-07-06Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 14647 of 2015 (E) ------------------------------------------ PETITIONER:

------------------- NIRMALA DEVI, AGED 62 YEARS D/O.DEVAKI AMMA, NIRMALA BHAVAN, ELAKAMON.P.O AYIROOR, VARKALA, THIRUVANANTHAPURAM.

BY ADV. SRI.SABU S.KALLARAMOOLA RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY CHAIRMAN, VAIDHYUTHI BHAVAN, PATTOM.P.O THIRUVANANTHAPURAM - 695 001

2. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD ELECTRICAL SUB DIVISION, VARKALA, THIRUVANANTHAPURAM - 695 001

3. ADDITIONAL DISTRICT MAGISTRATE, TRIVANDRUM DISTRICT, COLLECTORATE, KUDAPPANAKUNNU.P.O THIRUVANANTHAPURAM - 695 001

4. PRASANNAKUMARI.R, CHARUVILA VEEDU, KARAVARAM, ELAKAMON.P.O VARKALA, THIRUVANANTHAPURAM - 695 001 R1 & R2 BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSEB R3 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R4 BY ADV. SRI.K.P.SUJESH KUMAR ADV. COMMISSIONER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14647 of 2015 (E) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF PETITION DATED 22-2-2013 FILED BY THE RESPONDENT EXT.P2 TRUE COPY OF THE OBJECTION DATED 22.4.2015 FILED BY THE PETITIONER EXT.P3 TRUE COPY OF PETITION DATED 22.4.2015 FILED BY THE PETITIONER EXT.P4 TRUE COPY OF ORDER DATED 05-05-2015 OF THIRD RESPONDENT EXT.P5 TRUE COPY OF REPORT AND SKETCH PREPARED BY THE VILLAGE OFFICER, AIYROOR RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- ADVOCATE COMMISSIONER'S ENCLOSURE:- ------------------------------------------------------------------- ENCLOSURE 1:

ROUGH SKETCH OF THE PROPERTY /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 14647 OF 2015 ---------------------------------------- Dated this the 06th day of July, 2015

JUDGMENT

Heard the counsel for the parties and also the Advocate Commissioner. The writ petition is disposed of on consensus as follows:- i) The electricity line shall be drawn from the post shown in green colour erected on the private road leading to the Tharavadu house of the petitioner.

ii) One another electricity post shall be erected on the property of the fourth respondent as shown in the rough sketch.

iii) The electricity line from the second post to the house of the sister of the fourth respondent shall be dismantled.

iv) The electricity line shall be drawn from the post shown in green colour to the post that is erected in the house of the fourth respondent.

W.P.(C). NO. 14647 OF 2015 2 v) The electricity line to the house of the sister of the fourth respondent can be taken from the property of the fourth respondent.

vi) The expenses for erection of these two posts shall be borne by the petitioner and the fourth respondent in the ratio of 2:1.

Ext. P4 order of the third respondent is modified accordingly. The writ petition is disposed of. V. CHITAMBARESH JUDGE