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KUNHI UNNEEN, S/O.MOHAMMED HAJI versus THE ASSISTANT EXECUTIVE ENGINEER

High Court of Kerala

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KUNHI UNNEEN, S/O.MOHAMMED HAJI v. THE ASSISTANT EXECUTIVE ENGINEER - WP(C) No. 24723 of 2006(R) [2007] RD-KL 5666 (19 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24723 of 2006(R)

1. KUNHI UNNEEN, S/O.MOHAMMED HAJI,
... Petitioner

Vs

1. THE ASSISTANT EXECUTIVE ENGINEER,
... Respondent

2. THE ADDITIONAL DISTRICT MAGISTRATE,

3. P.K.ALAVIKUTTY, PLAMPADIYAN KONDAPPURATH

4. MOHAMMED HAJI, RESIDING AT

5. P.K.ALAVI, RESIDING AT

For Petitioner :SRI.K.M.SATHYANATHA MENON

For Respondent :SRI.JOSE J.MATHEIKEL, SC, KSEB

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

Dated :19/03/2007

O R D E R

K.BALAKRISHNAN NAIR, J.

W.P.(C) No. 24723 of 2006

Dated this the 19th day of March, 2007.



JUDGMENT

The petitioner challenges Ext.P16 order of the Additional District Magistrate, Malappuram sanctioning drawing of electricity line through his property to give connection to the 5th respondent. Ext.R2(a) is the sketch showing the lie of the land and the route through which the line is proposed to be drawn. Going by that sketch, the route proposed is FGC. The portion from F to G will cut across the arecanut garden of the petitioner, it is submitted. So he has suggested an alternative route through ADEC. The third respondent submits that his property lies on both sides of the said route and in effect it will be cutting his property into two. Therefore, he opposes the proposal.

2. The Kerala State Electricity Board has filed a statement stating that FGC is the most feasible shortest route. For drawing that line 10 metres of overhead line and 34 metres of weather-proof line will be sufficient.

3. I think the line approved by the Additional District Magistrate will be causing least inconvenience, provided if it is ensured that the FG portion of the route is moved as far as possible to the boundary of W.P.(C) No.24723/2006 2 the petitioner. The learned counsel for the Kerala State Electricity Board also pointed out that there are several connections from the post F. If that be so, the post G be shifted as far as possible to the boundary of the petitioner so that crossing of his property is reduced to the minimum, if not reduced to nil. The Electricity Board shall ensure that the said portion of the route is moved as far as possible to the boundary of the petitioner so that minimum inconvenience is caused to the petitioner. If any additional expenditure is incurred for the same, needless to say the beneficiary will have to bear the same. Writ petition is disposed of as above. K.BALAKRISHNAN NAIR, Judge. vns.


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

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