Over 2 lakh Indian cases. Search powered by Google!

Case Details

PRABHAKARAN NAIR versus THE ADDITIONAL DISTRICT MAGISTRATE

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


PRABHAKARAN NAIR v. THE ADDITIONAL DISTRICT MAGISTRATE - WP(C) No. 24432 of 2007(H) [2007] RD-KL 16218 (21 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24432 of 2007(H)

1. PRABHAKARAN NAIR,
... Petitioner

Vs

1. THE ADDITIONAL DISTRICT MAGISTRATE,
... Respondent

2. THE ASSISTANT EXECUTIVE ENGINEER,

3. SUBHADRA AMMA,

4. VISALMONY,

5. LALITHAMMA,

For Petitioner :SRI.P.B.SAHASRANAMAN

For Respondent : No Appearance

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

Dated :21/08/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

WP(C) No. 24432 of 2007

Dated, this the 21st day of August, 2007



J U D G M E N T

Heard learned counsel for the petitioner and learned Standing Counsel for KSEB. I do not think there is any necessity to issue notice to the beneficiaries because petitioner's objection against drawal of electric line is prima facie unacceptable because the line is passing over a pathway. As far as possible, electric line should be drawn over road side and over pathways, so that private property will not be affected. Petitioner's case is that there is dispute with regard to the pathway and according to him pathway belongs to him. I do not think, the civil dispute in respect of pathway or petitioner's claim over the land where pathway exists will affect drawal of electric line or retention of it over the pathway. Petitioner is free to pursue his claim over the pathway and proceed with the civil dispute to establish his case. I make it clear that the drawal and retention of electric line over the pathway will not in any way affect petitioner's right over the land or pathway. Since the line approved by the ADM is over the pathway and balance line is passing only through the properties of the beneficiaries, there is no WP(C) No. 24432/2007 scope for interfering with the ADM's order approving the line proposed by KSEB. This writ petition is, accordingly, closed with the above observation.

(C.N.RAMACHANDRAN NAIR, JUDGE)

jg


Copyright

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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.