RAHUL K R Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard the learned Counsel on both sides. Though the 3rd Respondent has been served he has not chosen to enter appearance.

(2.) In this writ petition the Petitioner challenges Ext.P5 order passed by the Additional District Magistrate, Kannur, permitting the Kerala State Electricity Board to draw an electricity line across the land belonging to the Petitioner to provide electricity connection to the residence of the 3rd Respondent. When this writ petition came up for hearing on 14.2.2011 the learned Counsel for the Petitioner submitted relying on Ext.R2(a) sketch produced by the second Respondent that without crossing the land belonging to the Petitioner, electricity line can be drawn along the route AEFD indicated in Ext.R2(a) sketch to provide electricity connection to the residence of the 3rd Respondent. In the light of the said submission I directed the learned standing counsel appearing for the Kerala State Electricity Board to ascertain and submit whether electricity line can be drawn along the route AEFD to provide electricity connection to the residence of the 3rd Respondent. When the writ petition came up for hearing today the learned standing counsel appearing for the Kerala State Electricity Board submitted that it is technically feasible to draw electricity line along the route AEFD indicated in Ext.R2(a) sketch to provide electricity connection to the residence of the 3rd Respondent and that if a line is drawn along that route no one will be affected.

(3.) In such circumstances I dispose of the writ petition with a direction that notwithstanding the permission granted by the District Magistrate in Ext.P4 order it will be open to Respondents 1 and 2 to provide electricity connection to the residence of the 3rd Respondent along the route AEFD indicated in Ext.R2(a) sketch. The line shall be drawn along the route AEFD indicated in Ext.R2 (a) sketch to provide electricity connection to the residence of the 3rd Respondent and the existing line drawn across the Petitioner's land shall be dismantled simultaneously within two weeks from the date on which the Petitioner deposits the expenses required for drawing the electricity line and dismantling the existing line. The Assistant Executive Engineer of the Electricity Board shall inform the Petitioner in writing of the expenses for drawing a fresh electricity line and dismantling the existing line and the Petitioner shall deposit the amount within one week thereafter.