Narayanan P.V vs The Additional District Magistrate, ...
2024 Latest Caselaw 5612 Ker

Kerala High Court

Narayanan P.V vs The Additional District Magistrate, ... on 16 February, 2024

Author: Amit Rawal

Bench: Amit Rawal

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                          WP(C) NO. 12 OF 2015
PETITIONER/S:

          NARAYANAN P.V
          AGED 90 YEARS
          S/O.VELAYUDHAN, PUTHEN PURAKKAL HOUSE, KADAVANAD.P.O.,
          PONNANI, MALAPPURAM DISTRICT. 679 586.
          BY ADVS.
          SRI.K.R.AVINASH (KUNNATH)
          SRI.ABDUL RAOOF PALLIPATH


RESPONDENT/S:

    1     THE ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM
          COLLECTORATE, CIVIL STATION, UPHILL, MALAPPURAM. 676
          505.
    2     THE ASSISTANT ENGINEER
          ELECTRICAL SECTION, K.S.E.B, EZHUVATHIRUTHY,
          PONNANI.P.O., MALAPPURAM DISTRICT. 679 577.
    3     THE ASSISTANT EXECUTIVE ENGINEER
          ELECTRICAL SUB DIVISION, K.S.E.B, PONNANI.P.O.,
          MALAPPURAM DISTRICT. 679 577.
    4     MOHANAN
          AGED 40 YEARS
          S/O.AYYAPPAN, PATHIRATH HOUSE, KADAVANAD.P.O., PONNANI,
          MALAPPURAM DISTRICT. 679 586.
    5     M.V.KUNSU
          MOOLAYIL VALAPPIL HOUSE, ESWARAMANGALAM.P.O., PONNANI,
          MALAPPURAM DISTRICT. 679 577.
    6     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, UPHILL, MALAPPURAM. 676
          505.
          BY ADVS.
          GOVERNMENT PLEADER
          SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB
          SRI.N.SATHEESH
          SRI.VINOD RAVINDRANATH
          SRI.ROHIT NANDAKUMAR
          SMT.MEENA.A.
          SRI.SAJU.S.A
          SRI.ASHWIN SATHYANATH
          SRI.SAJEEVKUMAR K.GOPALSCKSEB
          SRI.V.V.BINU, SC, KERALA STATE ELECTRICITY BOARD
 WP(C) NO. 12 OF 2015            -2-

            LIMITED
            SMT.M.R.MINI



            SR GP SRI T K VIPINDAS


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   16.02.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12 OF 2015              -3-

                            JUDGMENT

This writ petition is filed by the petitioner, aggrieved by Ext.P6

order passed by the Additional District Magistrate, Malappuram -

the 1st respondent - whereby, the request of the petitioner to shift

the service line from the property of the petitioner, was declined.

Learned Counsel for the petitioner submitted that, during the

pendency of the instant writ petition, the petitioner died, but the

issue has not been resolved till date.

2. Since the writ petition is pending before this Court for

almost more than eight years and the said electric post has not been

removed from the property of the petitioner, I am of the view that

the parties shall submit a fresh application before the Additional

District Magistrate, and in the event of submission of the fresh

application, the Additional District Magistrate shall decide on the

same afresh, in accordance with law, uninfluenced by the order

passed in Ext.P6.

The writ petition is disposed of accordingly.

Sd/-

AMIT RAWAL JUDGE uu/17.02.2024

APPENDIX OF WP(C) 12/2015

PETITIONER EXHIBITS P1- THE TRUE COPY OF THE REQUEST DATED 12.08.2014 FILED BY THE PETITIONER. P2- THE TRUE COPY OF THE LETTER DATED 27.08.2014 ISSUED BY THE 2ND RESPONDENT.

P3- THE TRUE COPY OF THE COMPLAINT DATED 29.08.2014 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. P4- THE TRUE COPY OF THE LETTER DATED 07.10.2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 6TH RESPONDENT. P5- THE TRUE COPY OF THE PETITION DATED 20.10.2014 FILED BY THE PETITIONER. P6- THE TRUE COPY OF THE ORDER DATED 05.12.2014 PASSED BY THE 1ST RESPONDENT.

P7- THE TRUE COPY OF THE SKETCH SHOWING THE ALTERNATE ROUTE SUGGESTED BY THE PETITIONER.