IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 25^TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946 WP(C) NO. 11586 OF 2023 PETITIONER/S:

M.H. IMMAMUDHEEN, AGED 54 YEARS HANEEFA MANZIL, CHITTATTUMUKKU PADINJATTU MUKKU, KADINAMKULAM VILLAGE., KANIYAPURAM P.O, TRIVANDRUM, PIN - 695301 BY ADVS. SABU C.J APARNA ANIL RESPONDENT/S:

1 THE DISTRICT COLLECTOR, 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN -

695043

2 DEPUTY COLLECTOR (GENERAL) AND ADDITIONAL DISTRICT MAGISTRATE, 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN -

695043

3 ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KANIYAPURAM, THIRUVANANTHAPURAM, PIN - 695301

4 KERALA STATE ELECTRICITY BOARD REPRESENTED BY THE SECRETARY, 7TH FLOOR, VAIDHYTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM., PIN - 695004

5 ADDL.R5. MARIAPPAN N., KAAVIL VEEDU, PUTHUKURICHI P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 303. 6 ADDL.R6. ANILAL, S/O. GOPI, REVATHI BHAVAN, NEAR ASARIVILAKOM TEMPLE, KANDAVILA, KADINAMKULAM, THIRUVAMAMTHAPURAM DISTRICT, PIN 695 303.

7 ADDL.R7. SHRI.RAJU, S/O. OUSEPH, ARTHIYIL VEEDU, MARYANAD, PUTHUKURICHI P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695303.

8 ADDL.R8. SMT.GEETHA, UPASANA, J-76A, JYOTHI NAGAR,KESAVADASAPURAM, PATTAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695

004.

9 ADDL.R9. ANITHAKUMARI, CHATHAYM, NEAR ASARIVILAKOM TEMPLE, KANDAVILA, KADINAMKULAM, THIRUVAMAMTHAPURAM DISTRICT, PIN 695

303. [ADDITIONAL R5 TO R9 ARE IMPLEADED AS PER ORDER DATED 04.04.2023 IN I.A.1/2023 IN WP(C)11586/2023.].

BY ADVS.

ARUNKUMAR A., SC, KSEB S.JUSTUS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The present writ petition has been filed by the petitioner, impugning the order dated 25.03.2023 in Ext.P3 passed by the Additional District Magistrate, Thiruvananathapuram, for providing the electricity connection to the 5^th respondent. The petitioner claims to be the absolute owner and in possession of the property having an extent of 89 Are 80 Square Metre comprised in Sy. Nos. 259/8, 259/9, 259/10, 259/11 and 259/12 by virtue of sale deed nos. 3120/2013, 4499/13 and 677/14 of S.R.O., Kazhakoottam. The 5^th respondent applied for an electricity connection, however, the petitioner, who has some dispute with the 5^th respondent, objected for drawing the electricity line on the proposed path and therefore, the matter was referred to the Additional District Magistrate for decision under Section 17 of the Indian Telegraph Act, 1885 (‘the Act’ for short).

2.The petitioner as well as the KSEB filed their response to the notice issued by the Additional District Magistrate and thereafter, the impugned order has been passed, which is the subject matter in this writ petition.

3.The learned counsel for the petitioner submits that the Additional District Magistrate has not considered the objection filed by the petitioner, as there is no reference to the objection filed by the petitioner. Therefore, the order impugned in this writ petition is perverse, which is liable to be set aside.

4.On the other hand, the learned counsel for the Electricity Board has submitted five proposals for consideration before the Additional District Magistrate and having considered all the proposals, the Additional District Magistrate has found the 5^th proposal as most suitable, for providing the electricity to the 5^th respondent.

5.The 5^th respondent has applied for a new LT service connection in BPL scheme to his newly constructed house in survey number 260/3-6. The officials from Electrical section Kaniyapuram inspected the premises and prepared an estimate of Rs.30,137/- for the first proposal. The above proposal included constructing of 30 metres of 2 wire overhead line from post number CP217/1, two PSC pole (8 meter) insertion, one support post insertion and drawing 25 meters single phase weather proof wire, w