IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 6249 of 2008(R) ------------------------- PETITIONER: ----------------- JEAN SANTHY ABRAHAM, W/O.ABRAHAM AGED 55 YEARS, CHAMAKALAYIL HOUSE, KULACODE, VELLANAD P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.BIJI MATHEW RESPONDENTS: --------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, NEDUMANGAD. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION, PEYAD, THIRUVANANTHAPURAM. 4. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION VELLANADU, THIRUVANANTHAPURAM. BY SC SRI.P.P.THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.6249 of 2008 ================================== Dated this the 29th day of February, 2008. JUDGMENT Petitioner applied for shifting an electric pole, which is within his boundary. In Ext.P1, the Secretary of the Board took the correct decision that if one applies for shifting of an electric post within his property, that has to be done. But, going through Ext.P2, it appears that what the petitioner needs is to take the pole within his boundary and place it at least immediately close to it within a piece of land which he claims to have surrendered for the road. Learned standing counsel for the Board submits, on instructions, that such a proposal is being objected to by the Panchayat on the ground that the public way will be obstructed. In that view of the matter, if such shifting as regards the road portion is concerned is necessary, the Board has to move the competent authority, the WPC6249/2008 -:2:- Additional District Magistrate, for removal of the obstruction and a decision can be taken only by that authority after hearing the Panchayat. However, if the request of the petitioner is confined to be one to change the wooden pole into a concrete pole in the same position where it now stands or to any other location within his boundary, the Board authorities shall do the needful without reference to the ADM. A final action in that regard shall be taken within an outer limit of one month from the date of receipt of a copy of this judgment. Writ petition is disposed of accordingly. Thottathil B.Radhakrishnan, Judge. sl.