IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 21006 of 2009(U) -------------------------- PETITIONER(S): --------------- ROSAMMA, AGED 36 YEARS, W/O. CHACKO, KURUSINKAL HOUSE, PARK VIEW ROAD, NORTH PARAVUR. BY ADV. SRI.PAUL VARGHESE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE ASST. EXECUTIVE ENGINEER, ELECTRICAL SECTION, N.PARAVUR. 3. THE SECRETARY, PARAVUR MUNICIPALITY, NORTH PARAVUR. 4. ANIL KUMAR G., CHETHIYATTUPARAMBIL HOUSE, PERUVARAM, NORTH PARAVUR. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 MR.T.A.SHAJI, SC FOR THE MUNICIPALITY MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21006 of 2009 --------------------------------- Dated, this the 27th day of July, 2009 J U D G M E N T The petitioner claims that she had purchased two cents of land for the construction of a residential house. Realising that an overhead line passing over the property will stand in the way of the petitioner in undertaking construction on the strength of Ext.P1 building permit, it is stated that the petitioner filed Ext.P2 application before the Assistant Engineer of the KSE Board seeking shifting of the line. Orders were not passed, and therefore, the petitioner submits that she filed Ext.P3 before the Minister for Electricity. It is stated that even on that, there has not been any response, and therefore, this writ petition is filed. 2. If for some reason, an overhead line, as in this case, is to be shifted, it is open to the aggrieved party to move the Assistant Executive Engineer of the Board, who according to the learned standing counsel appearing for the Board, is the competent authority. In this case, since the application was not made to the WP(C) No.21006/2009 -2- aforesaid competent authority, it is directed that it will be open to the petitioner to move the 2nd respondent, Assistant Executive Engineer of the Board, for appropriate orders. 3. Therefore, the writ petition itself is disposed of directing that if the petitioner moves the 2nd respondent for shifting the line from the property covered by Ext.P1 building permit, the 2nd respondent shall consider the application and deal with the same in accordance with law, and as expeditiously as possible, at any rate, within four weeks of its receipt. 4. Orders as above shall be passed with notice to the parties, who are likely to be affected by any such proceedings. The petitioner to produce a copy of this judgment before the 2nd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg