Ummer vs the Addl. District Magistrate

UMMER vs The Addl. District Magistrate

Type Court Judgment Court Kerala Decided Jun 26, 2023

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https://sooperkanoon.com/case/1405272

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Citation: sooperkanoon.com/1405272
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Jun 26, 2023
Case Number: WP(C)/37673/2016

Parties & Advocates

Appellant / Petitioner

UMMER

Respondent

The Addl. District Magistrate

Excerpt

.....g.keerthivas sri.s.gopinath, sr.gp sri.riji rajendran, sc kseb this writ petition (civil) having come up for admission on 26.06.2023, the court on the same day delivered the following: wp(c) no. 37673 of 2016 :2:judgmentthis writ petition is filed challenging ext.p5 orderpassed by the additional district magistrate/ 1st respondent, directing the 2nd respondent to draw an electric line through a pathway.2. on 22.06.2017, this court has passed an orderdirecting the 2nd respondent to file a report as to whether it will be feasible for drawing a line to the property of the petitioner through the route indicated in ext.p4 sketch.3. heard the learned counsel for the petitioner, the learned standing counsel for the k.s.e.b and the learned government pleader.4. the learned standing counsel for the k.s.e.bsubmits that pursuant to the order of this court dated 22.06.2017, a report has been submitted vide memo dated 29.11.2017 stating that an electric line has already been drawn through the way marked in the sketch produced wp(c) no. 37673 of 2016 :3: along with the memo and nothing further survives to be considered in this writ petition. in the light of the memo filed by the learned standing counsel for the k.s.e.b, the writ petition is closed. sd/- murali purushothaman judge sb wp(c) no. 37673 of 2016 :4: appendix petitioner exhibits exhibit p1 true copy of the judgment dtd. 18-6-14 in o.s.529/2008 on the file of munsiff court, wadakkancherry. exhibit p2 true copy of decree in os 529/2008 on the file exhibit p3 true copy of plaint in os 646/2014 on the file exhibit p4 true copy of the sketch showing the lie and nature of the properties of the petitioner and the 3rd respondent together with the way. exhibit p5 true copy of the order dated 24-10-2016 passed by the 1st respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 26TH DAY OF JUNE 2023 / 5TH ASHADHA, 1945 WP(C) NO. 37673 OF 2016 PETITIONER: UMMER, AGED 63 YEARS S/O. AHAMMED, CHEMBRAYOOR PUTHENPEEDIKAYIL HOUSE, THALAPPILLY TALUK, THRISSUR DISTRICT. SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR RESPONDENTS: 1 THE ADDL. DISTRICT MAGISTRATE THRISSUR-680001. 2 THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KUNDANNUR, THRISSUR-680590. 3 UMMER S/O. LATE ABOOBACKER, CHEMBRAYOOR PUTHENPEEDIKAYIL HOUSE, THALAPPILLY TALUK, THRISSUR DISTRICT-680001. SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BO SRI.BEPIN PAUL SMT.B.J.MEYFLOWER SRI.M.P.RAMNATH SRI.P.RAJESH KOTTAKKAL SRI.SHALU VARGHESE SMT.S.SANDHYA SMT.UMA R.KAMATH SEI.M.VARGHESE VARGHESE G.KEERTHIVAS SRI.S.GOPINATH, SR.GP SRI.RIJI RAJENDRAN, SC KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 37673 OF 2016 :2:

JUDGMENT

This writ petition is filed challenging Ext.P5 order

passed by the Additional District Magistrate/ 1st respondent, directing the 2nd respondent to draw an electric line through a pathway.

2. On 22.06.2017, this Court has passed an order

directing the 2nd respondent to file a report as to whether it will be feasible for drawing a line to the property of the petitioner through the route indicated in Ext.P4 sketch.

3. Heard the learned counsel for the petitioner, the learned Standing Counsel for the K.S.E.B and the learned Government Pleader.

4. The learned Standing Counsel for the K.S.E.B

submits that pursuant to the order of this Court dated 22.06.2017, a report has been submitted vide memo dated 29.11.2017 stating that an electric line has already been drawn through the way marked in the sketch produced WP(C) NO. 37673 OF 2016 :3: along with the memo and nothing further survives to be considered in this writ petition. In the light of the memo filed by the learned Standing Counsel for the K.S.E.B, the writ petition is closed. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 37673 OF 2016 :4: APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT DTD. 18-6-14 IN O.S.529/2008 ON THE FILE OF MUNSIFF COURT, WADAKKANCHERRY. EXHIBIT P2 TRUE COPY OF DECREE IN OS 529/2008 ON THE FILE EXHIBIT P3 TRUE COPY OF PLAINT IN OS 646/2014 ON THE FILE EXHIBIT P4 TRUE COPY OF THE SKETCH SHOWING THE LIE AND NATURE OF THE PROPERTIES OF THE PETITIONER AND THE 3RD RESPONDENT TOGETHER WITH THE WAY. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 24-10-2016 PASSED BY THE 1ST RESPONDENT.

Same Court & Year Kerala · 2023 Same Parties UMMER vs The Addl. District Magistrate Same Judge Honourable Mr.Justice Murali Purushothaman