Kerala High Court
Soman Pillai vs Additional District Magistrate on 9 October, 2009
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26003 of 2009(U)
1. SOMAN PILLAI, S/O. K.KUMARA PILLAI,
... Petitioner
2. SASI PILLAI, DO..........DO........
Vs
1. ADDITIONAL DISTRICT MAGISTRATE,
... Respondent
2. ASSISTANT EXECUTIVE ENGINEER,
3. AACHI AMMA, D/O. LATE ALIAMMA THOMAS,
4. RADHAMMA, W/O. CHANDRASEKHARAN NAIR,
For Petitioner :SRI.R.AZAD BABU
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/10/2009
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 26003 of 2009
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Dated this, the 9th October, 2009.
J U D G M E N T
The petitioners are owners of certain properties through which the 2nd respondent proposes to draw electric lines for giving electricity connection to the 3rd respondent. According to the petitioners, for drawing electric line to the house of the 3rd respondent, it is not necessary to draw electric lines through the petitioners' property and electric lines can be easily drawn along the western boundary of the properties of the 4th respondent and 3rd respondent herself.
2. I have specifically asked respondents 3 and 4 whether they have any objection in drawing electric lines along the western boundary of their properties. Both of them have stated that both have no objection. The 4th respondent submits that she should not be asked to pay any charges for drawing electric line to the 3rd respondent. Certainly, the 4th respondent cannot be asked to pay any charges. The prayer now made is to quash Ext. P4 order passed by the 1st respondent permitting the 2nd respondent to draw electric lines through the petitioners' properties.
3. I am of opinion that even if some extra amounts are to be incurred, electric lines should be drawn through the western boundary of respondents 3 and 4, since that route would cause the least inconvenience to everybody concerned, and would be the most feasible route, especially since respondents 3 and 4 through whose properties the line has to be so drawn have no objection to the same. Therefore, I modify Ext. P4 order directing the 3rd respondent to draw electric line to the 3rd respondents property along the western boundary of the properties of respondents 3 and 4 starting from the W.P.C. No. 26003/09 -: 2 :- point B shown in the sketch now produced by the petitioners to take electric line to point E at the 3rd respondent's property. If the law permits so, it would be open to the 2nd respondent to require the 3rd respondent , who is the beneficiary of the electricity connection, to pay any additional expenses required for the same. In any event, the 4th respondent shall not be required to pay any expenses.
The writ petition is disposed of as above.
Sd/- S. Siri Jagan, Judge.
Tds/