IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 OP.No. 36659 of 2001(L) --------------------------------- PETITIONER(S): ------------------------ A.G.RAVEENDRAN, ANCHALASSERY HOUSE, ELANKUNNAPUZHA P.O., VYPEEN, ERNAKULAM DIST. BY ADV. SRI.M.BALAGOVINDAN SRI.P.M.JOSEPH RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD REP.BY ITS SECRETARY, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ERNAKULAM. 3. ASST. EXECUTIE ENGINEER, ELECTRICAL MAJOR SECTION, VYPEEN MALIPURAM, ERNAKULAM. 4. ASST. ENGINEER, ELECTRICAL MAJOR SECTION, VYPEEN, MALIPURAM, ERNAKULAM. BY GOVERNMENT PLEADER SRI..T.K.MOHANAN ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1TOR4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.59959/2001 IN OP. NO.36659/2001 DISMISSED 05.12.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE DIAGRAM SHOWING PRESENT POSITION OF THE POST. P2:- COPY OF THE DIAGRAM SHOWING EARLIER POSITION OF THE POST. P3:- COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT.DT. 4.9.2000. P4:- COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT.DT. 12.10.2000. P5:- COPY OF THE LETTER TO THE IST RESPONDENT DT. 7.6.01. P6:- COPY OF THE LETTER FROM THE OFFICE OF THE 3RD RESPONDENT DT. 22.6.01. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.No. 36659 of 2001-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of December, 2008. JUDGMENT The petitioner is a domestic consumer having Consumer No.8112 of Malipuram Electrical Major Section. He was given electric connection to his house from a post bearing No.VM/277/4 which was placed in his own property. His neighbour, one Shri Sebastian was also being given service connection from the said post. The complaint in the original petition is that during the shifting of the post from the previous position to the present position, the consent of the petitioner was not obtained. According to the petitioner, the respondents are not competent to shift or change the position of the post against his consent. He filed Ext.P3 representation before the Asst. Executive Engineer, seeking a re-shifting. The complaint raised by him was reiterated in Exts.P4 and P5 before respondents 3 and 1 respectively. 2. Thereafter, the petitioner received Ext.P6 notice, whereby he was directed to remit an amount of Rs.3,193/- for the purpose of re-shifting the post. It is at this stage the petitioner has filed this original petition seeking for a direction to re-shift the electric post to its earlier position, as seen in OP 36659/2001 2 Ext.P2. 3. Learned Standing Counsel appearing for the Board, on instructions, submits that the post was shifted for better convenience. It is submitted that there is no real grievance for the petitioner and if he wanted to re-shift the post, he could have remitted the amount. It is also submitted that the remedy open to the petitioner is under Section 17 of the Indian Telegraph Act. It is further pointed out that there are various trees and permanent improvements like mango, coconut, etc. and therefore a re- shifting is not possible also. 4. This court will not be justified in issuing a direction to the respondents to re-shift an electric post, in this proceedings. The petitioner, if so advised, has to move the authority under the Telegraph Act under Section 17, for appropriate reliefs. As the post was shifted even prior to the filing of the original petition, at this distance of time, no relief can be granted to the petitioner. Therefore, the original petition is dismissed leaving open the remedy of the petitioner to move the authority under Section 17 of the Indian Telegraph Act, if so advised. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 36659/2001 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No. 36659 of 2001-L - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 5th December, 2008.