IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 17097 of 2009(F) -------------------------- PETITIONER(S): ------------------ SABU CYRIAC, VILANGANDAN HOUSE, THIRUVAMKULAM, TRIPUNITHURA. BY ADV. SRI.GEORGE JOHNSON RESPONDENT(S): ------------------- 1. THE ASST. ENGINEER, KERALA STATE ELECTRICITY BOARD, TRIPUNITHURA. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TRIPUNITHURA. 3. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TRIPUNITHURA. 4. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, TRIPUNITHURA. 5. M/S. SKYLINE BUILDERS, REPRESENTED BY ITS MANAGING DIRECTOR, RAJAJI ROAD, ERNAKULAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 4 SRI.DEVAN RAMACHANDRAN FOR R5 SRI.K.M.ANEESH FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17097 OF 2009 (F) ===================== Dated this the 23rd day of June, 2009 J U D G M E N T Petitioner submits that he is the owner and in possession of 7.013 cents of property in Sy.No.980/3 of Nadama Village, Close to his property, the 5th respondent, a builder is constructing an apartment complex. In order to supply power to the apartment complex of the 5th respondent, respondents 1 to 3 are proceeding to install one more electric post on the northern side of the petitioner's property and energise the 11 KV underground cable line. Petitioner submits that, there already exists two posts and if the third one is also installed and the underground cable line is energised, that will prevent his access to the national highway on the northern side of his property. 2. Today, when the matter came up for orders, I heard the counsel for the Board and also the counsel appearing for the 5th respondent. Standing counsel for the Board made available a sketch which shows that there is a private road on the western side of the petitioner's property leading to the apartment complex of the 5th respondent and it is informed that the road belongs WPC 17097/09 :2 : exclusively to the 5th respondent. Thereupon, a suggestion was made whether it was feasible to shift the location of the posts to the private road of the 5th respondent passing through the western side of the petitioner's property leading to the apartment complex. The Officer representing respondents 1 to 3, who is present in court confirmed that such shifting of the location of the posts is technically feasible. If it is technically feasible to shift the location of the posts to the western side of the petitioner's property and locate it in the private road belonging to the 5th respondent leading to the apartment complex, I see no reason why such an option shall not be explored so that, the grievance of the petitioner can also be redressed. 3. Therefore, I dispose of this writ petition directing that respondents 2 to 3 shall shift existing poles on the western side of the petitioner's property and install the required number of poles in the private road on the western side of the petitioner's property leading to the apartment complex of the 5th respondent and connect the underground cable to the poles so installed and supply power to the 5th respondent by such an arrangement. The 5th respondent being the beneficiary of the arrangement ordered WPC 17097/09 :3 : as above, shall bear the costs in this behalf. Needless to say that this process shall be completed as expeditiously as possible at any rate within 3 weeks so that supply of energy to the premises of the 5th respondent will not be inordinately delayed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp