Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 WP(C).No. 30585 of 2012 (W) --------------------------- PETITIONER(S): -------------- C.OMANA, AGED 5 YEARS, D/O.CHELLAMMA,VIRALIVILA PUTHEN VEEDU, MARAYAMUTTOM, NEYYATTINKARA. BY ADV. SRI.R.GOPAN RESPONDENT(S): -------------- 1. ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM.
2. EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, NEYYATTINKARA.
3. NELSON @ THANKAMANI, BETHEL HOUSE,VIRALIVILA, PERUMKADAVILA VILLAGE, MARAYAMUTTOM.P.O,NEYYATTINKARA. BY SENIOR GOVERNMENT PLEADER SRI.P.M.SANEN. BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs. WP(C).No. 30585 of 2012 (W) APPENDIX PETITIONER(S) EXHIBITS : EXT-P1 PHOTOCOPY OF THE JUDGMENT DTED 22 7.2011 IN O.S.192/2008 OF THE COURT OF THE ADDL.MUNSIFF-II, NEYYATTINKARA. EXT-P2 PHOTOCOPY OF THE DECREE IN O.S.192/2008 OF THE COURT OF THE ADDITIONAL MUNSIF-II,NEYYATTINKARA WITH PLAN EXT-P3 PHOTOCOPY OF THE REPORT OF AMIN IN O.S.192/2008 BEFORE THE IIND ADDL.MUNSIFF COURT,NEYYATTINKARA EXT-P4 PHOTOCOPY OF THE O.P.67794/2012 OF THE DISTRICT MAGISTRATE (DISTRICT COLLECTOR),THIRUVANANTHAPURAM DATED 8 10.2012. EXT-P5 PHOTOCOPY OF THE ORDER NO.S1-67794/2012/D.DIS.DATED 3 11.2012 OF THE ADDL.DISTRICT MAGISTRATE, THIRUVANANTHAPURAM. EXT-P6 PHOTOGRAPHS OF THE SHIFTED ELECTRIC POST. RESPONDENTS' EXHIBITS : NIL. /True Copy/ P.A.TO JUDGE rvs. V.CHITAMBARESH,J.
= = = = = = = = = = = W.P.(C) No.30585 of 2012 = = = = = = = = = = = == = = = = Dated this the 21st day of January, 2013 JUDGMENT
Ext.P5 proceedings of the first respondent under Section 16 of the Indian Telegraph Act granting permission to draw electricity supply lines is under challenge. The first respondent has taken note of the fact that only the right of easement to use the pathway has been declared in favour of the third respondent in the civil suit. A mere glimpse of Ext.P6 photograph would show that the right of easement is unaffected by the erection of the electric post and that no pedestrian or vehicular traffic is impeaded.
2. The petitioner can call in aid Section 17 of the Indian Telegraph Act only if the line has to be shifted from one place to another within the same boundary. The petitioner seeks to alter the post from one place to another beyond the boundary of his property which cannot be permitted in terms of Section 17 of the Indian Telegraph At. The electricity lines have already been W.P.(C) No.30585 o”
2. drawn and Ext.P5 proceedings refusing to shift the electric post calls for no interference at this juncture. The Writ Petition (Civil) fails and is dismissed. V.CHITAMBARESH. JUDGE smm W.P.(C) No.30585 of 2012 3