M GOVINDAN Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) EXT.P5 order passed by the Additional District Magistrate, Kannur on 10.6.2011 whereby the Additional District Magistrate permitted the third respondent to draw electricity line along a pathway for the purpose of giving electricity connection to the residence of the fourth respondent, is under challenge in this writ petition.

(2.) THE fourth respondent applied for electricity connection in the year 2009. THE pathway to the fourth respondent's property runs along the northern side of the property belonging to the petitioner. Alleging that without his consent, the officials of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) erected two posts in his lands on 24.11.2009 for the purpose of drawing electricity line to the residence of the fourth respondent, the petitioner has instituted O.S. No.201 of 2010 in the court of the Munsiff of Koothuparamba for a mandatory injunction directing the Board and its officers to remove the electricity posts and the line drawn across his property. He has also sought recovery of the sum of Rs.1,500/- as damages. In that suit an interim order of injunction was passed on 27.7.2010 restraining the respondents from energizing the line. THE said order is still in force.