Nisha Shiyas v. Kerala State Electricity Board Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 WP(C).No. 32208 of 2015 (A) ---------------------------------------- PETITIONER(S):

----------------------- NISHA SHIYAS, AGED 35 YEARS, BUSINESSWOMAN, W/O.VH SHIYAS, VARIKKADAN HOUSE, MUDKKAL P.O., PERUMBAVOOR, ERNAKULAM-683 547.

BY ADVS.SRI.P.THOMAS GEEVERGHESE SRI.TONY THOMAS (INCHIPARAMBIL) RESPONDENT(S):

------------------------- 1.

KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS MANAGING DIRECTOR, VIDHUDI BHAVAN, THIRUVANANTHAPURAM.

2.

ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD., PERUMBAVOOR-683 542.

3.

SECRETARY, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR-683 542.

R1 & R2 BY SRI.SAJEEVKUMAR K.GOPAL, SC R3 BY ADV. SRI.V.M.KURIAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 32208 of 2015 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: PHOTOGRAPH OF THE ELECTRIC POSTS LAID BY THE 2ND RESPONDENT IN FRONT OF PERUMBAVOOR FISHMARKET SHOPPING COMPLEX, TAKEN ON 18.10.2015.

EXT.P2; TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ON EXT.P3: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT ON 17TH OCTOBER 2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.32208 of 2015 ............................................................. Dated this the 21st day of October, 2015

J U D G M E N T

The petitioner, who is aggrieved by the installation of an electric transformer by the respondents 1and 2, seeks a direction to the 3rd respondent before whom the petitioner has preferred Ext.P3 representation to consider and pass orders on the said application after hearing the petitioner.

2. I have heard the learned counsel for the petitioner and the learned Standing counsel for the Electricity Board and the learned Standing counsel for the 3rd respondent Municipality. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and finding that prayer No.1 in the writ petition cannot be granted to the petitioner for want of locus standi, I dispose the writ petition with a direction to the 3rd respondent, before whom Ext.P3 representation is pending, to consider and pass orders on the same after hearing the petitioner, within a period of one month from the date of receipt of a copy of this judgment. A.K.JAYASANKARAN NAMBIAR JUDGE mns/21.10.15