Prabhu Kumar P.R vs The Additional District ...
2022 Latest Caselaw 2729 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        WP(C) NO. 8333 OF 2022
PETITIONER:

          PRABHU KUMAR P.R.
          AGED 38 YEARS
          S/O. P. K. RAMACHANDRAN,
          POOVAPULLY HOUSE, MUCHEERI POST,
          KONGAD, PALAKKAD - 678 631.

          BY ADVS.
          N.M.MADHU
          C.S.RAJANI


RESPONDENTS:

    1     THE ADDITIONAL DISTRICT MAGISTRATE
          PALAKKAD COLLECTORATE, CIVIL STATION,
          PALAKKAD - 678 001.
    2     THE EXECUTIVE ENGINEER
          KERALA STATE ELECTRICITY BOARD,
          SHAKUNTHALA JUNCTION,
          TOWN BUS STAND ROAD,
          PALAKKAD - 678 014.
    3     THE ASSISTANT ENGINEER
          KERALA STATE ELECTRICITY BOARD,
          KONGAD SECTION, KONGAD,
          PALAKKAD - 678 631.

          R2 & R3 - SRI. ARUNKUMAR, SC
          SRI. JUSTIN JACOB - SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.8333 of 2022

                                   2




                                JUDGMENT

The petitioner is running a timber depot in the

property covered by Ext.P1 which is on the side of

Mundur-Thootha road. It is stated that the 2 nd

respondent is shifting electric posts on the northern

side of the said road to the southern side of the road

in front of the property of the petitioner blocking the

road assessed of the petitioner.

2. The learned counsel for the petitioner

submits that, there are other convenient place on the

northern side of the road towards the west where the

posts can be conveniently re-located. The learned

counsel for the petitioner has filed Ext.P6

representation before the 3rd respondent. The limited

prayer of the petitioner is for a direction to W.P(C) NO.8333 of 2022

respondents 2 and 3 to consider Ext.P6 and take

necessary steps for shifting the electric posts (double

pole structure) to any other location without blocking

the road access of the petitioner's property.

3. Heard the learned counsel for the petitioner,

Sri.Arunkumar, the learned Standing Counsel for

respondents 2 and 3 and the learned Government

Pleader for the 1st respondent.

4. In the facts and circumstances of the case,

there will be direction directing the 2 nd respondent to

consider Ext.P6 representation submitted by the

petitioner and take appropriate decision thereon in

accordance with law, within a period of two weeks

from the date of receipt of a copy of this judgment.

Till such time, the drawing of the over head line

through the poles shall be deferred. The other

contentions of the petitioner in the writ petition are W.P(C) NO.8333 of 2022

left open including the right to pursue Ext.P7 before

the 1st respondent.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR W.P(C) NO.8333 of 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.3669/2005 OF SRO, KADAMPAZHIPURAM. EXHIBIT P2 TRUE COPY OF THE LATEST BASIC TAX RECEIPT DATED 25.06.2021.

EXHIBIT P3 TRUE COPY OF THE PROPERTY MARK REGISTRATION DATED 18.02.2021 ISSUED BY THE DIVISIONAL FOREST OFFICER, PALAKKAD.

EXHIBIT P4 PHOTOGRAPHS OF THE EXISTING POSTS ON THE NORTHERN SIDE OF THE ROAD.

EXHIBIT P5 PHOTOGRAPHS SHOWING THE PROPOSED INSTALLATION OF POSTS.

EXHIBIT P6 TRUE COPY OF THE WRITTEN COMPLAINT DATED 09.03.2022 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 10.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

RESPONDENTS EXHIBITS: NIL.