High Court of KeralaWP(C)/27454/2015disposed of

Isson John v. Kseb

2015-09-11Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 27454 of 2015 (F) ---------------------------- PETITIONER :

------------------ ISSON JOHN, AGED 60 YEARS, MANIYANKOTT KAITHAKOTTIL HOUSE, EDAKATTUVAYAL, ERNAKULAM BY ADVS.SMT.K.P.SANTHI SRI.R.JAYAKRISHNAN (MUTHUKULAM) SMT.V.SHARMILA SMT.E.U.DHANYA RESPONDENTS :

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1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM - 695014.

2. THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.

3. ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.

R1 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R2 & R3 BY GOVERNMENT PLEADER SMT. LILLY K.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27454 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE LETTER OF THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, CHOTTANIKKARA WITH OUT SKETCH. P2:

COPY OF THE LETTER DT 25/3/2015 OF THE PETITIONER. P3:

COPY OF THE LETTER DT 18/5/2015 OF THE ASSISTANT ENGINEER, ELECTRICAL SECTION, ARAKUNNAM.

P4:

COPY OF THE REPLY DT 23/5/2015 OF THE PETITIONER. P5:

COPY F THE NOTICE DT 13/5/2015 OF THE R3.

P6:

COPY OF THE HEARING NOTE AND ROUGH SKETCH.

P7:

COPY OF THE REPRESENTATION DT 14/7/2015 SUBMITTED TO R2. RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.27454 of 2015 ............................................................. Dated this the 11th day of September, 2015

J U D G M E N T

The petitioner who is the owner of property in Survey No.29/9 of Edakkattuvayal village, Kanayannur Taluk, has preferred an objection against the proposal of the respondent Board to draw an electric line through the petitioner's property. It is stated that, the issue is presently pending consideration before the 3rd respondent and the petitioner and others were called for a hearing in 28.05.2015. It is also submitted that, the petitioner filed a hearing note, which is produced as Ext.P6 in the writ petitipon, at the hearing before the 3rd respondent. In the writ petition, the grievance of the petitioner is that despite the hearing conducted, the 3rd respondent has not passed any orders in the matter till date.

2. I have heard the learned counsel for the petitioner, the learned Standing counsel for the respondent Board and the learned Government Pleader for the 3rd respondent.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition

W.P.(C).No.27454 of 2015 with direction to the 3rd respondent to pass orders pursuant to Ext.P5 hearing notice within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 3rd respondent for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE mns