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ELSY PETER, W/O.N.G.PETER versus THE ASSISTANT EXECUTIVE ENGINEER

High Court of Kerala

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ELSY PETER, W/O.N.G.PETER v. THE ASSISTANT EXECUTIVE ENGINEER - WP(C) No. 14622 of 2007(N) [2007] RD-KL 8572 (25 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14622 of 2007(N)

1. ELSY PETER, W/O.N.G.PETER,
... Petitioner

Vs

1. THE ASSISTANT EXECUTIVE ENGINEER,
... Respondent

2. THE ADDITIONAL DISTRICT MAGISTRATE,

3. SMT.MARIAMMA ANTHAPPAN,

For Petitioner :SRI.JOBY JACOB PULICKEKUDY

For Respondent : No Appearance

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

Dated :25/05/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

WP(C) No. 14622 of 2007

Dated, this the 25th day of May, 2007



J U D G M E N T

Heard the learned counsel for petitioner and the learned Standing Counsel appearing for KSEB. Petitioner is opposing electric connection to 3rd respondent by drawing electric line over petitioner's property. However, it is seen from the sketch produced by KSEB that the line approved by ADM is the shortest and only 35 m. of weather proof cable is passing over a pathway, which leads to 3rd respondent's house over petitioner's property. I am unable to find any grievance for the petitioner because the weather proof line is passing only over the pathway presently used by 3rd respondent. Weather proof line is insulated and therefore petitioner cannot have any grievance about it, more so when it is passing over the pathway. The alternate route suggested by petitioner involves another post and drawing of 75 m. live overhead electric line and 11 m. of weather proof cable and the said line is passing over 3rd party's property from whom petitioner does not have any consent. In the circumstance, WP(C) is devoid of any merit and is accordingly dismissed.

(C.N.RAMACHANDRAN NAIR, JUDGE.)

jg


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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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