PRABHAKARAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONER is the owner of 5 Ares 60 sq.mtres. property in Puliyoor Village. Petitioner objected drawing of electric line through his property to the residence of the 6th respondent. When attempt was made to draw the line without considering his objections, he filed a civil suit as O.S. No.273/2011 before the Munsiff's Court, Chengannur. The suit was decreed as per Exhibit P1 judgment restraining the authorities of the Electricity Board from drawing the line without obtaining necessary orders from the District Magistrate. Originally this writ petition was filed on the allegation that, inspite of Exhibit P1 judgment the respondents 2 to 5 are attempting to draw the line through the petitioner's property. Averments in the writ petition is to the effect that the petitioner has not received any notice from respondents 1 to 5 regarding the proceedings initiated before the 2nd respondent. Relief sought for in this writ petition was for a direction to the 2nd respondent to issue notice to the petitioner and to pass orders in the matter of drawing of electric line.

(2.) ALONG with the counter affidavit the 6th respondent had produced copy of the order issued by the 2nd respondent, Exhibit R6(a). Thereupon the writ petition was amended challenging Exhibit R6(a), which is produced as Exhibit P2 by the petitioner.

(3.) CONTENTION of the petitioner is that he was not given any opportunity before the 2nd respondent, is not at all true and correct. Contention that the alternate route suggested by the petitioner was not considered by the 2nd respondent, is also not true and correct. The suggestion was discarded only because it will cause much damages to properties of respondents 2 and 3 in Exhibit P2.