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M.A. MOOSA versus KERALA STATE ELECTRICITY BOARD

High Court of Kerala

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M.A. MOOSA v. KERALA STATE ELECTRICITY BOARD - WP(C) No. 19439 of 2006(L) [2006] RD-KL 1696 (21 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19439 of 2006(L)

1. M.A.MOOSA, AGED 39 YEARS,
... Petitioner

Vs

1. KERALA STATE ELECTRICITY BOARD,
... Respondent

2. EXECUTIVE ENGINEER,

3. ASSISTANT EXECUTIVE ENGINEER,

4. KURIAKOSE, S/O.VARGHESE, AGED 54 YEARS,

For Petitioner :SRI.M.P.KRISHNAN NAIR

For Respondent : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :21/11/2006

O R D E R

C.N. RAMACHANDRAN NAIR, J.

`````````````````````````````` W.P. (C) No. 19439 OF 2006 L ``````````````````````````````

Dated this the 21st day of November, 2006



J U D G M E N T

The petitioner is opposing the enjoyment of power line over his property by the 4th respondent. Standing counsel for the KSEB submitted that petitioner's predecessor-in-interest gave consent and line was drawn based on the same. In any case, since the petitioner purchased the property, petitioner can make application for shifting of the line to the 3rd respondent pointing out alternate or less inconvenient route for the line and if such application is filed, the 3rd respondent will conduct inspection and shift the line, if possible, reducing the inconvenience to the petitioner and his property. If the petitioner is not satisfied, the petitioner can approach the District Magistrate with application for shifting. If any application is filed, the same will be considered by the District Magistrate, after hearing the Board and the petitioner. However, no application should be entertained unless alternate route suggested by the petitioner is over road or over his property and if it is over the property of any other person, petitioner should produce his consent. The writ petition is disposed of as above.

(C.N. RAMACHANDRAN NAIR, JUDGE)

aks


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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