LAWS(KER)-2012-3-462

CHAKRADHARAN S/O VELAYUDHAN Vs. STATE OF KERALA REPRESENTED BY ITS SECRETARY REVENUE GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM

Decided On March 21, 2012
CHAKRADHARAN, S/O.VELAYUDHAN, THOTTUMKARA THAZHATHU, POOTHOTTA.P.O., ERNAKULAM. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THIS Writ Appeal is filed raising a technical grievance that the appellant was not heard by the ADM before permitting drawal of electric line over the appellant's property to give connection to the applicant.

(2.) WE have heard learned counsel appearing for the appellant and learned Standing Counsel for the KSEB. After hearing both sides and after seeing the sketch produced as Ext.R4(a), we notice that line drawn is over a pathway without even involving cutting of a tree or even a branch of it. The ADM has specifically instructed that post should be inserted without affecting the right of way. This Court has consistently held that electric line for giving connection should be drawn as far as possible on public roads and public pathways, so that enjoyment of private property is not affected. In this case, the line is permitted to be drawn strictly in accordance with the law declared by this Court. Further, the appellant has not suggested any alternate route through which line can be drawn without causing any inconvenience to anybody. Consequently, this Writ Appeal fails and is dismissed.