IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 5119 of 2007(H) ------------------------------------- PETITIONER: ------------------- DR. RAPHAEL T.PAUL, S/O. PAUL, AGED 67 YEARS, THEKKANATH PANDARAVALAPPIL, THYNOTHIL ROAD, ALUVA. BY ADV. SRI.BECHU KURIAN THOMAS. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CHIEF ENGINEER (TRANSMISSION) NORTH, VYDHYUTHI BHAVAN, GANDHI ROAD, KOZHIKODE-673 001. 3. DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, VYDHYUTHI BHAVAN, THRISSUR-680 004. 4. ASSISTANT ENGINEER, TRANSMISSION SECTION, K.S.E.B., CHALAKKUDY. R1 TO R4 BY SRI. P. SANTHALINGAM, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5119/2007-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ROUGH SKETCH OF THE EXISTING ROUTE THROUGH WHICH THE 66 KV LINE HAS BEEN DRAWN. EXT.P.1.A: COPY OF THE ROUGH SKETCH OF THE ALTERNATE ROUTE SUGGESTED BY THE PETITIONER. EXT.P.2: COPY OF THE REPRESENTATION DTD. 02/08/2003 SUBMITTED BY THE THYNOTHIL RESIDENTS ASSOCIATION. EXT.P.3: COPY OF THE REPRESENTATION DTD. 06/11/03 FILED BEFORE THE R.2. EXT.P.3.A: COPY OF THE REPRESENTATION DTD. 16/02/04 FILED BY PETITIONER BEFORE THE R.2. EXT.P.4: COPY OF THE REPLY DTD. 03/04/04 FROM THE R.2. EXT.P.5: COPY OF THE REPRESENTATION DTD. 08/02/2005. EXT.P.6: COPY OF THE REPRESENTATION DTD. 10/03/2005 SUBMITTED BEFORE THE MINISTER FOR ELECTRICITY. EXT.P.7: COPY OF THE LETTER DTD. 31/05/05. EXT.P.8: COPY OF THE REPRESENTATION DTD. 09/02/06. RESPONDENTS' EXHIBIT: EXT.R4.A: A LOCATION SKETCH SHOWING THE 66 KV LINE ROUTE PASSES THROUGH THE NH 47 AT ALUVA AREA. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 5119 of 2007 ================== Dated this the 19th day of July, 2011 J U D G M E N T The petitioner is the owner of a property, over which, a 66 KV electric line maintained by the KSEB passes. He contends that the line has been unnecessarily drawn through the petitioner's property cutting national highway twice and it could have been drawn without crossing national highway at ll, along one side of the national highway itself. He submits that because of the alignment, the line often breaks causing danger to the life and properties of the petitioner. He submits that it is the statutory duty of the KSEB to maintain its electrical installations in the safest way. The present alignment is uneconomic as well as unsafe is the contention raised. The petitioner, therefore, seeks the following relief: “Issue a writ of mandamus or other appropriate writ order or direction directing the Respondents to remove the 66 KV Electric line passing over Petitioner's property between ALC 7 to ALC 12 of Aluva Electrical Section from the existing route to the suggested alternative route in Ext.P1(a).” 2. A counter affidavit has been filed by the respondents controverting the contentions of the petitioner. According to them, the sketch produced by the petitioner as Ext.P1 has no resemblance to the actual alignment, which is Ext.R4(a). 3. I have considered the rival contentions in detail. w.p.c.5119/07 2 4. Admittedly, this line was drawn as early as in 1947 even before the Kerala State Electricity Board was constituted. Much water has flown under the bridge. Apparently the petitioner has approached this Court with a wrong sketch of the alignment. The sketch produced by the petitioner has no resemblance whatsoever to the sketch produced by the Electricity Board as Ext.R4(a). That changes the whole scenario. The petitioner bases all his contentions on Ext.P1 sketch. But that is not borne out by Ext.R4(a). The petitioner has not produced any material to prove that the alignment is unnecessary, uneconomic or unsafe. In the above circumstances, on the materials available before me, I am not inclined to accept the contentions of the petitioner. Accordingly, this writ petition is dismissed. However, I direct the respondents to see that the line is kept trouble free and without any danger to life or property of anybody. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge