Lavakumar vs The District Collector
2021 Latest Caselaw 12184 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                    WP(C).No.9833 OF 2021(C)

PETITIONER/S:

              LAVAKUMAR,
              AGED 42 YEARS
              S/O. RAMANKUTTY, PUTHENPURA VEEDU, MUDAVOOR
              P.O. MUVATTUPUZHA, ERNAKULAM DISTRICT 686 669.

              BY ADVS.
              SRI.S.RENJITH
              SRI.K.R.PRATHISH

RESPONDENT/S:

      1       THE DISTRICT COLLECTOR,
              ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM
              DISTRICT 682 030.

      2       ADDITIONAL DISTRICT MAGISTRATE,
              ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM
              DISTRICT 682 030.

      3       ASSISTANT EXECUTIVE ENGINEER,
              KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA,
              686 673.

      4       VIKRAMAN,
              AGED 41 YEARS
              S/O. NARAYANAN, KAIMALA PUTHENPURA HOUSE,
              MUDAVOOR P.O. MUVATTUPUZHA, ERNAKULAM, 683 556.

              R1 to R2 BY GOVERNMENT PLEADER SMT.VINEETHA B.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.9833 OF 2021(C)


                              -2-



          Dated this the 23rd day of April 2021

                           JUDGMENT

This writ petition is filed for issuing appropriate direction

to the third respondent to remove the stay-wire from the

property of the petitioner, which according to him is installed

without his consent. The petitioner submitted Ext.P4

representation before the third respondent with this grievance.

2. In the facts and circumstances of the case, I think no

notice is necessary to the fourth respondent. There can be a

direction to the third respondent to consider Ext.P4

representation, in accordance with law, after giving an

opportunity of hearing to the fourth respondent also.

Therefore, this Writ Petition is disposed of, directing the

third respondent to consider Ext.P4 representation and pass

appropriate orders, in accordance with law, after giving an WP(C).No.9833 OF 2021(C)

opportunity of hearing to the petitioner and the fourth

respondent. The third respondent will follow the procedure

prescribed in the Telegraph Act, and if necessary refer the

matter to the competent authority. The third respondent is

directed to do the above exercise within two months from the

date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE STK/RK WP(C).No.9833 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH SHOWING THE ELECTRIC POST AND STAY WIRE.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 27.11.2020 TO THE 3RD RESPONDENT.

EXHIBIT P3 THE PHOTOGRAPH SHOWING THE CURRENT STATUS OF ERECTION OF STAY WIRE INSIDE THE PROPERTY OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 04.12.2020 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 14.12.2020 BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 02.02.2021 ISSUED BY 2ND RESPONDENT.