High Court of KeralaWP(C)/20637/2015disposed of

Janardhanan v. State Of Kerala

2015-07-15Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WP(C).No. 20637 of 2015 (D) ---------------------------- PETITIONER:

------------------ JANARDHANAN, AGED 74 YEARS, S/O.RAMAN, AMBATTU HOUSE, PINDIMANA.P.O., ERNAKULAM.

BY ADVS.SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND RESPONDENTS:

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

1. THE STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF POWER, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. KERALA STATE ELECTRICITY BOARD, KOTHAMANGALAM ELECTRICAL SUB DIVISION, REPRESENTED THROUGH ASSISTANT EXECUTIVE ENGINEER-686691.

3. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, SECTION OFFICE, KOTHAMANGALAM - 686 691.

4. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU - 682 030.

5. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM - 682 030.

6. SRI.MATHAI.C.K, THACHETHUKUDIYIL HOUSE, PINDIMANA.P.O., PIN - 686 692.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20637 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE TAX RECEIPT OF THE PETITIONER DATED 05.01.2015 EXHIBIT P2 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 21.03.2014 PREFERRED BY THE 3RD RESPONDENT EXHIBIT P3 A TRUE PHOTOCOPY OF THE PHOTOGRAPH OF THE POST INSTALLED IN THE PETITIONER'S PROPERTY EXHIBIT P4 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 06.05.2014 SUBMITTED BEFORE THE 4TH RESPONDENT EXHIBIT P5 A TRUE PHOTOCOPY OF THE ORDER DATED 18.-06.2015 PASSED BY THE 5TH RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 20637 OF 2015 ------------------------------------ Dated this the 15th day of July, 2015

JUDGMENT

Ext.P5 order passed in terms of Section 16 of the Indian Telegraph Act is impugned. The apprehension of the petitioner is that the electricity post and stay wire would be located inside his property.

The Kerala State Electricity Board has made available the relevant file. The sketch therein shows that the post has been erected within the width of the panchayat road. 3.

Ext.P5 order itself reiterates that the property of the petitioner shall not be encroached into. There is therefore no grievance for the petitioner.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd