Vasudevan vs The District Collector
2021 Latest Caselaw 14675 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE A.M.BADAR
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                       WP(C) NO. 14048 OF 2021
PETITIONER:

          VASUDEVAN
          AGED 68 YEARS
          S/O. GOPALAN, PULICHIKKAT HOUSE, THALAKKOTTUKARA P.O.,
          KECHERI, THRISSUR DISTRICT, PIN CODE 680501

          BY ADVS.
          K.R.ARUN KRISHNAN
          DEEPA K.RADHAKRISHNAN
          BIJU KUMAR



RESPONDENTS:

          DISTRICT COLLECTOR
          THRISSUR DISTRICT, COLLECTORATE, AYYANTHOLE, THRISSUR-
          680003

          THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR-680003

          THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB
          DIVISION, KECHERI.P.O., THRISSUR-680003

          SUBHASH, AGED 51 YEARS, S/O.MAKAPPAN, PULACHAKKATTIL
          HOUSE, THALAKKOTTUKARA P.O., KECHERI, THRISSUR-680003


OTHER PRESENT:

          SRI.RON BASTIAN,GP, SRI.SUDHEER GANESH KUMAR, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14048 OF 2021
                                     2

                                JUDGMENT

Heard the learned counsel appearing for the petitioner. According

to the learned counsel for the petitioner, the electric line which is sought

to be drawn is through the pathway belonging to the petitioner and in

respect of the said land, the petitioner has already filed a suit and has

obtained injunction order which is at Ext.P2. By drawing my attention to

the report of the Electricity Board at Ext.P5, the learned counsel for the

petitioner submits that there is alternate route available at the site, but

the learned District Magistrate has passed erroneous order which is

resulting in passing the line through the property of the petitioner.

There is no iorta of evidence to show that the electric line sought to

be drawn in the property is owned by the petitioner. The learned District

Magistrate has observed in his impugned order that when one person

transfer the inherited land along with the way, the claim that only the

purchaser of the land have the right to install electric connection, post

and wires through the KSEBL and freedom of movement cannot be

accepted. It is further observed by the District Magistrate that the

electric posts are owned by the Kerala State Electricity Board Limited

and there is no possibility of harm to the opponent. The feasibility of the

other proposal is also considered by the District Magistrate. WP(C) NO. 14048 OF 2021

In this view of the matter, there is no error of law seen in the

impugned order. Hence, the petition is rejected.

Nsd                                                SD/-



                                              A.M.BADAR
                                                   JUDGE
 WP(C) NO. 14048 OF 2021


                      APPENDIX OF WP(C) 14048/2021

PETITIONER EXHIBITS

Exhibit P1              TRUE COPY OF THE ORDER NO.DCTSR/7828/2018-C4

DATED 29/06/2021 OF THE 3RD RESPONDENT ALONG WITH ITS TRANSLATION

Exhibit P2 TRUE COPY OF THE ORDER DATED 22/02/2016 OF THE MUNSIFF COURT, WADAKKANCHERY IN I.A.NO.623/2016 IN O.S. NO.199/2016

Exhibit P3 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN W.P.(C)23481/2019 DATED 19/11/2019

Exhibit P4 TRUE COPY OF THE OBJECTIONS DATED 22/01/2020 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 30.12.2019 OF THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KECHERY TO //TRUE COPY// THE 2ND RESPONDENT ALONG WITH THE PROPOSALS OF SKETCHES SUBMITTED PA TO JUDGE