IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 13496 of 2011(J) -------------------------- PETITIONER: --------------- MARY POULOSE, AGED 65, W/O.LATE POULOSE, MALIYEKAL CHETTAKA HOUSE, CHALAKUDY P.O., PIN-680307. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.BHAMA G. NAIR SRI.V.K.MEETHIANKUNJU RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTAM P.O., THIRUVANANTHAPURAM-695004. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, CHALAKUDY P.O., THRISSUR DISTRICT, PIN-680307. 3. THE ASST.ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, CHALAKUDY P.O., THRISSUR DISTRICT, PIN-680307. BY SRI.P.P.THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 13496/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF DOCUMENT NO.4453/1998 DT.17.9.1998 OF CHALAKUDY SUB- REGISTRY. EXT.P2 : COPY OF THE APPLICATION DT. 17.3.2010 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT. EXT.P3 : COPY OF RECEIPT NO.4812614 DT. 4.8.2010 FOR REMITTING THE AMOUNT OF RS.47,700/-. EXT.P4 : COPY OF RECEIPT NO.4812613 DT.4.8.2010 FOR REMITTING THE AMOUNT OF RS.4,770/-. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 13496 OF 2011 -------------------------- Dated this the 20th day of June, 2011 J U D G M E N T The petitioner is the owner of a parcel of land 51 cents in extend situate in Sy.No.101/1 of Potta Village, Mukundapuram Taluk Thrissur District. She obtained exclusive tile and ownership over the property as per Ext.P1 release deed. A 11KV line drawn by the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) is in existence in the said property. With a view to have the line shifted from her property, the petitioner has submitted Ext.P2 application before the third respondent. This writ petition is filed contending that though several months have passed thereafter, till date, the respondents have not taken steps to shift the electricity line as requested by her. 2. When the writ petition came up for hearing today, Sri.P.P.Tjahjudeen learned standing counsel appearing for the Board submitted that the petitioner's request for shifting the 11KV line was granted and a decision was taken to shift the portion of the line passing through the petitioner property to the public road on the western side of the petitioner's property. The learned standing counsel also submitted that though the work of shifting the line was WPC No.13496/2011 2 awarded to a contractor, in view of the objection raised by Smt.Kochu Thresia Johny, who is residing on the western side of the road, the contractor could not proceed with the work. He submitted that no portion of the proposed line passes through the property of Smt.Kochu Thresia Johny and therefore her objection is unfounded. He further submitted that the Board will take steps to shift the line passing through the petitioner's property expeditiously. In the light of the said submission and having regard to the fact that the proposal is to shift the line to the public road without in any manner affecting the rights of others, I dispose of the writ petition with a direction to the respondents to take steps to shift the electricity line, as requested in Ext.P2, expeditiously and in any event within three months from today. If in the process of such shifting, the respondents or their men are obstructed by any person or persons, it will be open to them to seek the assistance of the Police. P.N.RAVINDRAN, (JUDGE) vps WPC No.13496/2011 3