High Court of KeralaWP(C)/32255/2013disposed of

Sasikala Devi v. Kseb

2015-02-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 32255 of 2013 (F) ---------------------------- PETITIONER(S):

----------------- SASIKALA DEVI LEKSHMI NILAYAM (POIKAVILA) PANDAKASALA ALATHARAMOODU P.O., CHIRAYINKIL, THIRUVANANTHAPURAM. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDHUTHI BHAVAN THIRUVANANTHAPURAM 695 004

2. ASST.EXECUTIVE ENGINEER OFFICE OF ASST.EXE.ENGINEER, ELECTRICAL SUB DIVISION KADAKKAVOOR, THIRUVANANTHAPURAM - 695 036

3. ASST.ENGINEER ELECTRICAL SECTION CHIRAYINKEEZHU, THIRUVANANTHAPURAM 695 034

4. ADDITIONAL DISTRICT MAGISTRATE THIRUVANANTHAPURAM 695 001

5. INDIRA SOMAN SREE LAKSHMI, PANDAKASALA ALTHARAMOODU P.O., CHIRAYINKIL THIRUVANANTHAPURAM -695 302.

R5 BY ADV. SRI.M.R.SARIN R1-R3 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32255 of 2013 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXT.P-1: TRUE COPY OF THE COPY OF THE ELECTRICITY BILL FOR THE MONTH OF SEPTEMBER 2013 EXT.P-2: TRUE COPY OF THE APPLICATION MADE TO THE SECRETARY, CHIRAYINKIL PANCHAYATH EXT.P-3: TRUE COPY OF THE COPY OF THE NOTICE DATED 6.11.2013 ISSUED BY THE DISTRICT COLLECTOR.

EXT.P-4: TRUE COPY OF THE OBJECTION DATED 27.11.2013 EXT.P-5: TRUE COPY OF THE APPLICATION DATED 23.11.2013 SUBMITTED BY THE PETITIONER.

EXT.P-6: TRUE COPY OF THE APPLICATION DATED 16.12.2013 SUBMITTED BY THE PETITIONER EXT.P-7: TRUE COPY OF THE ORDER DATED 10.12.2013 OF THE 4TH RESPONDENT WHICH WAS RECEIVED BY THE PETITIONER ON 18.12.2013 EXT.P-8: TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS :

----------------------------- ANNEXURE R2(a) TRUE COPY OF THE CONSENT OF PROPERTY CROSSING. EXT.R5(1) TRUE COPY OF SALE DEED EXECUTED BETWEEN ANIL KUMAR AND THE 5TH RESPONDENT DATED 8.6.2001.

EXT.R5(2) TRUE COPIES OF PHOTOGRAPH SHOWING THE PRESENT SITUATION OF THE PETITIONER'S PROPERTY.

EXT.R5(3) TRUE COPIES OF PHOTOGRAPH SHOWING THE PRESENT SITUATION OF THE PETITIONER'S PROPERTY.

EXT.R5(4) TRUE COPIES OF PHOTOGRAPH SHOWING THE PRESENT SITUATION OF THE PETITIONER'S PROPERTY.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.32255 of 2013 --------------------- Dated this the 5th day of February, 2015

J U D G M E N T

The electricity supply line now passes over the property of the fifth respondent. The same is being shifted along a pathway on the side of the property. The nature of the right over the pathway is alien for consideration in this writ petition. The electricity supply line is reportedly in a dangerous condition.

2. The dispute essentially pertains to the incurring of the expenditure for shifting. A consensus has now been arrived at between the petitioner and the fifth respondent in this regard. Both of them agree to share the total sum of ` 11,000/- equally. The amount shall be remitted with the second respondent on or before 20.2.2015.

3. The second respondent is empowered to snap the electricity supply to the petitioner and the fifth respondent if any default is committed. It is clarified that the right over the pathway is left open to be adjudicated by the Civil Court.

The Writ Petition is disposed of. No costs.

Sd/- V.CHITAMBARESH, Judge.

nj.