P.V.Prabhakaran vs the Additional District Magistrate, Kannur

P.V.Prabhakaran vs The Additional District Magistrate, Kannur

Type Court Judgment Court Kerala Decided Jan 08, 2024

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https://sooperkanoon.com/case/1302344

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Citation: sooperkanoon.com/1302344
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jan 08, 2024
Case Number: WP(C)/25302/2015

Parties & Advocates

Appellant / Petitioner

P.V.Prabhakaran

Respondent

The Additional District Magistrate, Kannur

Excerpt

.....appearing for theelectricity board would submit that the electric post which was standing in the property of the 3 rd respondent was shifted as permitted by the additional district magistrate and there is absolutely no illegality in exts.p8 and p10 orders warranting interference at the hands of this court under article 226 of the constitution of india.4. this writ petition was filed in the year 2015.the learned counsel appearing for the petitioner would submit that the petitioner may be permitted to approach the authorities, if he has any subsisting grievance. having regard to the submission made by the learned counsel for the petitioner, this writ petition is closed, making it clear that, if the petitioner has any subsisting grievance, he may approach the authorities, who shall decide the matter in accordance with the law, after hearing all affected parties. sd/- gopinath p. judge nb/8-1 appendix of wp(c) 25302/2015 petitioner exhibits exhibit p1 true copy of the sketch plan exhibit p2 true copy of the plaint n os no.18/15 before the munsiff's court, kannur dated 8.1.2015 exhibit p2(a) true copy fo the ia no.168/15 in os no.18/2015 and the order dated 9.1.2015 passed in the above i.a exhibit p3 true copy of the letter dated 16.1.2015 given to 2nd respondent by petitioner exhibit p4 true copy of the notice dtaed 27.3.2015 received on 18.4.2015 through special mesenger exhibit p5 true copy of the complaint submitted by the 3rd respondent dated 17.1.2015 before the 1st respondent exhibit p6 true copy of the site reported submitted by the 2nd respondent to the 1st respondent exhibit p7 true copy fo the report submitted by the 2nd respondent before the 1st respondent exhibit p8 true copy of the order passed by the 1st respondent dated 2.5.2008 exhibit p9 true copy of the petition dated 18.5.2015 personally given by brother - in - law of the petitioner rajendran to 1st respondent exhibit p10 true copy of the order dated 22.5.2015 of the 1st respondent exhibit p11.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 25302 OF 2015 PETITIONER: P.V.PRABHAKARAN AGED 65 YEARS S/O.KUNHIRAMAN NAIR, RESIDING AT 'PRAJULS', CHIRAKKAL P.O., KANNUR DISTRICT 670 011 BY ADVS. SRI.P.U.SHAILAJAN SMT.D.N.NISHANI RESPONDENTS:
1 THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR 2 ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB-DIVISION, VALAPATTANAM, P.O.VALAPPATTANAM, KANNUR-670002. 3 M.SREEDHARAN RESIDING AT 'SURABHI', NALUMUKKU, P.O.CHIRAKKAL, KANNUR DISTRICT-670011. 4 MANIKKARA SAROJINI W/O LATE M.SREEDHARAN, "SURABHI", NALUMUKKU, NEAR KADALAYI 5 MANIKKARA SHAJITH S/O LATE M.SREEDHARAN, "SURABHI", NALUMUKKU, NEAR KADALAYI 6 MANIKKARA SHYLESH S/O LATE M.SREEDHARAN, , "SURABHI", NALUMUKKU, NEAR KADALAYI 7 MANIKKARA SHEEJESH S/O.LATE M.SREEDHARAN , "SURABHI", NALUMUKKU, NEAR KADALAYI BY ADVS. SRI. VENUGOPAL V., GOVERNMENT PLEADER SRI. SAJEEV KUMAR K. GOPAL - R2 SMT.VIDHYA. A.C SRI.N.SATHEESH SRI.A.C.VENUGOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 08th day of January, 2024 The petitioner has approached this Court, challenging Exts.P8 and P10 orders of the Additional District Magistrate, Kannur, which permitted the shifting of an electric post which was standing in the property of the 3rd respondent (now deceased) to a pathway leading to the property of the petitioner. Initially, Ext.P8 order was passed by the Additional District Magistrate and on the petitioner’s application and on the ground that the said order was passed without hearing him, Ext.P10 was passed, permitting/ directing the shifting of the electric post.

2. Pending proceedings before this Court, the 3 rd

respondent died and his legal heirs have been impleaded as additional respondents 4 to 7. Though notice was issued to additional respondents 4 to 7, there is no appearance for additional respondents 4 to 7. However, the Counsel, who originally filed Vakalatnama for the 3rd respondent is present in Court.

3. The learned Counsel appearing for the

Electricity Board would submit that the electric post which was standing in the property of the 3 rd respondent was shifted as permitted by the Additional District Magistrate and there is absolutely no illegality in Exts.P8 and P10 orders warranting interference at the hands of this Court under Article 226 of the Constitution of India.

4. This Writ Petition was filed in the year 2015.

The learned Counsel appearing for the petitioner would submit that the petitioner may be permitted to approach the authorities, if he has any subsisting grievance. Having regard to the submission made by the learned Counsel for the petitioner, this Writ Petition is closed, making it clear that, if the petitioner has any subsisting grievance, he may approach the authorities, who shall decide the matter in accordance with the law, after hearing all affected parties. Sd/- GOPINATH P. JUDGE NB/8-1 APPENDIX OF WP(C) 25302/2015 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SKETCH PLAN EXHIBIT P2 TRUE COPY OF THE PLAINT N OS NO.18/15 BEFORE THE MUNSIFF'S COURT, KANNUR DATED 8.1.2015 EXHIBIT P2(A) TRUE COPY FO THE IA NO.168/15 IN OS NO.18/2015 AND THE ORDER DATED 9.1.2015 PASSED IN THE ABOVE I.A EXHIBIT P3 TRUE COPY OF THE LETTER DATED 16.1.2015 GIVEN TO 2ND RESPONDENT BY PETITIONER EXHIBIT P4 TRUE COPY OF THE NOTICE DTAED 27.3.2015 RECEIVED ON 18.4.2015 THROUGH SPECIAL MESENGER EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD RESPONDENT DATED 17.1.2015 BEFORE THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE SITE REPORTED SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY FO THE REPORT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 2.5.2008 EXHIBIT P9 TRUE COPY OF THE PETITION DATED 18.5.2015 PERSONALLY GIVEN BY BROTHER - IN - LAW OF THE PETITIONER RAJENDRAN TO 1ST RESPONDENT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 22.5.2015 OF THE 1ST RESPONDENT EXHIBIT P11 TRUE COPY FO THE NEWS ITEM PURPORTED TO HAVE GIVEN FOR PUBLICATION DATED 7.4.2015 THROUGH DISTRICT PUBLICATION OFFICER IN NEWSPAPERS. RESPONDENTS’ EXHIBITS: NIL TRUE COPY P.A. TO JUDGE

Same Court & Year Kerala · 2024 Same Parties P.V.Prabhakaran vs The Additional District Magistrate, Kannur Same Judge Honourable Mr. Justice Gopinath P.