High Court of KeralaWP(C)/29339/2014disposed of

Chandramathy P v. Additional District Magistrate

2015-02-03Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 29339 of 2014 (N) ---------------------------- PETITIONER:

------------------ CHANDRAMATHY P., AGED 55 YEARS, W/O. SUKUMARAN, SUMI NIVAS, ALINKEEZHU, NARATH.P.O., KANNUR DISTRICT-670 601.

BY ADV. SRI.I.V.PRAMOD RESPONDENTS:

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

1. THE ADDITIONAL DISTRICT MAGISTRATE (ADM), KANNUR, COLLECTORATE.P.O.

KANNUR DISTRICT-670001.

2. ASST. EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL SUB DIVISION, VALAPATTANAM KANNUR DISTRICT-670 011.

3. MUSTHAFA, PUZHIKKOTH HOUSE, KALLURIKKADAVU, NARATH.P.O., KANNUR DISTRICT-670 601.

4. M.P. AMU MASTER, NR. KANDATHIL PALLI, KALLRIKKADAVU, NARATH.P.O., KANNUR DISTRICT-670 601.

5. K. HARIDASAN, KAKKATHURUTHY HOUSE, ALINKEEZHIL, NARATH.P.O., KANNUR DISTRICT-670601.

6. BINDHU RAMESAN, BEENA NIVAS, ALINKEEZHIL, NARATH.P.O.

KANNUR DISTRICT-670 601.

7. V. PRADEEPAN, VELLAKUDIYAN HOUSE, ALINKEEZHIL, NARATH.P.O., KANNUR DISTRICT-670 601.

8. KALLEN DEVI, ANUGRAHALAYAM, ALINKEEZHIL, NARATH.P.O.

KANNUR DISTRICT-670 601.

R4 -R 7 BY ADV. SRI.P.M.PAREETH BY GOVERNMENT PLEADER SRI. GIKKU JACOB BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, ALONG WITH WPC. 34729/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29339 of 2014 (N) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 10-7-2014 BEARING NO. A6-1393/2014.

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 11-8-2014 BEARING NO. A637034/2014. EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 23-9-2014 IN WPC NO. 21319/14. EXHIBIT P4 A TRUE COPY OF THE ARGUMENT NOTIE FILED BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE SKETCH.

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 29-10-2014 PASSED BY THE 1ST RESPONDENT.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NOs. 29339 & 34729 OF 2014 ---------------------------------------------- Dated this the 3rd day of February, 2015

JUDGMENT

The electricity line has admittedly been drawn pursuant to the order of the Additional District Magistrate passed under Section 17 of the Indian Telegraph Act. The remedy if any of the petitioners therefore is either to move under Section 17 of the Indian Telegraph Act or under Rule 3 of the Works of Licensees Rules, 2006. Any motion made in that regard shall be dealt with by the authority concerned untrammeled by the order impugned. 2.

The petitioners are also at liberty to alert the Kerala State Electricity Board if they have a case that the line has not been drawn as per the route approved by the Additional District Magistrate. The Kerala State Electricity Board shall bestow its attention to the complaint if any received in that regard and take remedial steps within one month of receipt of such complaint. The Writ Petitions are disposed of.

V. CHITAMBARESH JUDGE ncd