High Court of KeralaWP(C)/33392/2014disposed of

Mathew K L v. Additional District Magistrate, Kasaragod

2015-01-12Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 33392 of 2014 (Y) ---------------------------- PETITIONER:

-------------------- MATHEW K. L., AGED 40 YEARS, S/O.K.LUKOSE (LATE), MELADUKKAM, BALLA VILLAGE, HOSDURG TALUK.

BY ADV. SRI.A.ARUNKUMAR RESPONDENTS:

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1. THE ADDITIONAL DISTRICT MAGISTRATE & DEPUTY COLLECTOR CIVIL STATION, VIDYANAGAR, KASARAGOD. 671 121.

2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB MAVUNGAL, HOSDURG TALUK, KASARAGOD DISTRICT. 671 315.

3. THE DISTRICT COLLECTOR, CIVIL STATION, VIDYANAGAR, KASARAGOD 671 121.

BY SENIOR GOVERNMENT PLEADER SRI. S. JAMAL BY SRI.K.M.SATHYANATHA MENON,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33392 of 2014 (Y) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 - A TRUE COPY OF RECEIPT DATED 10-09-2009 ISSUED BY KSEB EXT.P2 - TRUE COPY OF THE ORDER DATED 05-03-2012 ISSUED BY 1ST RESPONDENT.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 33392 OF 2014 ------------------------------------ Dated this the 12th day of January, 2015

JUDGMENT

The grievance of the petitioner is about the delay in implementing Ext.P2 order passed in terms of the provisions of the Indian Telegraph Act, 1885. Permission has been accorded by Ext.P2 order to draw the electricity supply line along a public road. The electricity supply line has hitherto been passing along the private property of the petitioner and others. 2.

The relevant files have been made available by the second respondent. Ext.P2 order has admittedly not been challenged by anybody and continues to be in force. The third respondent District Collector has also issued directions to the Circle Inspector of Police, Kanhangad to afford protection. There is no reason why the the shifting of the electricity supply line should brook further delay.

I direct the second respondent to implement Ext.P2 order within a period of two weeks from the date of receipt of a copy of this judgment. The third respondent shall ensure that

WP(C) No. 33392/2014 the Circle Inspector of Police, Kanhangad affords sufficient protection to thwart any objection in drawing the electricity supply line.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd