IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11567 of 2008(B) -------------------------- PETITIONERS: ------------ 1. K.J.JOSEPH, AGED 40, S/O.KATTUKARAN JOSEPH, OLLUR VILLAGE DESOM, THRISSUR TALUK, THRISSUR DISTRICT. 2. DAVIS, AGED 55, S/O PARAKKA VARGHESE, OLLUR VILLAGE DESOM, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. THE THRISSUR MUNICIPAL CORPORATION, REP. ITS SECRETARY, THRISSUR. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, THRISSUR EAST, THRISSUR. 3. THE ASSISTANT EXECUTIVE ENGINNER, ELECTRICAL SUB DIVISION, OLLUR. 4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, OLLUR. 5. THE KERALA STATE ELECTRICITY BOARD, REP.BU ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY SC. SRI.K.B.MOHANDAS - FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 11567 OF 2008-B = = = = = = = = = = = = = Dated this the 4th day of April, 2008. J U D G M E N T Petitioners have certain items of properties under certain assignments. It appears from the records that even their predecessor in interest had concluded proceedings regarding the drawal of electricity lines. Later, on the objection of the councillor of the 1st respondent, Corporation, there is an attempt to deviate the proposed line. Though the Corporation has a dual capacity of being established under the Municipalities Act and the Electricity Act, the exercise of authority under the Electricity Act would be mixed up its rights, powers and duties under the Municipalities Act. If there is any situation where there is conflict of interest between the electricity wing of the Corporation as a licensee under the Electricity Act and the other wings of the Corporation, the exercise of which power, is referable to the provisions of the Municipalities Act, the issue referable to Electricity Act has to be resolved with the intervention of the District Magistrate or Additional District Magistrate. Such case may be in terms of Section 16(1) of the Telegraph Act. W.P.(C).No. 11567 OF 2008-B 2 Under such circumstances, this writ petition is disposed of relegating the parties to the District Magistrate, Thrissur, who will hear the Corporation authorities and petitioners and render final decision on the issue within an outer limit of three weeks from the date of receipt of a copy of this judgment. The energising of the line shall be vested with the District Magistrate. However, the alignment, as of now drawn, shall not be dismantled until the District Magistrate decides finally. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-