IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 6151 of 2011(T) ------------------------- PETITIONER(S): --------------- SHEELA THOMAS, W/O. THOMAS FERNANDEZ, JOYELS VILLA, KERU NAGAR, KAVANADU.P.O., MUKKADU, SAKTHIKULANAGARA, KOLLAM. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): --------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, K.S.E.B., MARINE DRIVE, ERNAKULAM. 3. ASSISTANT EXECUTIVE ENGINEER, SUB STATION SUB DIVISION, K.S.E.B., MANNAM.P.O., N.PARAVUR. BY SRI.P.P.THAJUDEEN, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.6151 of 2011 ------------------------------- Dated this the 14th day of March, 2011 J U D G M E N T The prayer in this writ petition is for an order directing respondents 1 to 3 to remove the electricity line and tower from the petitioner's property. 2. Sri.P.P.Thajudeen, the learned standing counsel appearing for the Kerala State Electricity Board, on instructions, submitted that at the time when the tower was erected and the line drawn and energised, the petitioner did not object. The learned counsel for the petitioner however submitted that no notice was issued to her before the tower was erected and the line was drawn. In such circumstances, as the line has already been drawn, I am of the opinion that the petitioner should move the District Magistrate under section 17 of the Indian Telegraph Act instead of seeking the intervention of this Court. I accordingly dispose of the writ petition with a direction that in the event of the petitioner moving the District Magistrate under section 17 of the Indian Telegraph Act, the District Magistrate shall consider the same and pass appropriate orders thereon, in accordance with law, after notice to and affording the petitioner and the officers of the Kerala State Electricity Board an opportunity of W.P.(C) No.6151 of 2011 2 being heard. The contentions of the petitioner on the merits are kept open. P.N. RAVINDRAN, JUDGE. nj.