IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 16851 of 2010(F) --------------------------------- PETITIONER(S): ------------------- BHUVANACHANDRAN PILLAI KOCHUVARYAM THARAYIL VEETTIL, THULAMPARAMBU, MANNARSALA P.O., HARIPPAD. BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------------- 1. ASST. EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, K.S.E.B, HARIPPAD. 2. KOCHUKUTTAN, KOCHUVARYAM THARAYIL THULAMPARAMBU P.O., HARIPPAD. 3. GIRIJA KOCHUVARYAM THARAYIL,THULAMPARAMBU P.O., HARIPPAD. 4. ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, ALLAPPUZHA. R1 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R2,3 BY ADV.SRI.B.RENJITHKUMAR R4 BY GOVT.PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 16851/2010(F) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE OBJECTION FILED BY THE PETITIONER. P2: COPY OF THE ROUGH PLAN. P3: COPY OF THE ORDER OF THE ADM. P4: COPY OF THE PETITION DATED 05/02/2010. RESPONDENT'S EXHIBITS: R1(a):A DETAILED SKETCH SHOWING THE PROPOSED ELECTRIC LINE ROUTE APPROVED BY THE 4TH RESPONDENT. R2(a):COPY OF THE O.S. NO. 128/2008. R2(b):COPY OF THE O.S. NO. 148/2009 /TRUE COPY/ P.A. TO JUDGE svs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 16851 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2010 J U D G M E N T The petitioner is the owner in possession of 5 cents of property. For getting electric connection, the second respondent made an application before the first respondent. On account of the objection raised by the petitioner the first respondent approached the 4th respondent with a petition to remove the obstruction and resistance from the part of the petitioner. Ext.P3 is the order passed thereon by the first respondent. In terms of Ext.P3 order electric line was drawn for the purpose of granting connection to the residential house of the second respondent. Subsequently, it has been energized. Thereupon, the petitioner has submitted an application for shifting the electric line which was drawn through his property. It is submitted that the petitioner is prepared to bear the entire expenses for the shifting of the line. It is for that purpose Ext.P4 application was submitted by the petitioner. Necessarily it is to be construed as an application submitted in term of the provisions under Section WPC.16851/2010 : 2 : 17 of the Telegraph Act, 1885. When such an application is received, the first respondent is bound to take appropriate action in accordance with law. As already noticed, the petition has also expressed his willingness to bear the entire expenses for the same. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to consider Ext.P4 application and take appropriate steps in accordance with law expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge