IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 27057 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------- SAKEENA, W/O.MAYANVEETTIL ABDUL KHADER, PURATHOOR AMSOM DESOM, TIRUR TALUK, P.O.PADINJARAKKARA, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY CHIEF ENGINEER, K.S.E.B. SECTION, TIRUR – 676 101. KERALA STATE ELECTRICITY BOARD 3. ASSISTANT EXECUTIVE ENGINEER, K.S.E.B. SECTION, ALATHIYOOR-695 061, KERALA STATE ELECTRICITY BOARD 4. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B. SECTION, VETTOM, 695 061, KERALA STATE ELECTRICITY BOARD 5. BEEVATHU, W/O.KOCHIKKAPARAMBIL MOHAMMED, PURATHOOR AMSOM DESOM, POST PADINJARAKKARA, TIRUR TALUK, MALAPPURAM DISTRICT, 685 051. R1 TO R4 BY ADV. MR.SAJEEV KUMAR K.GOPAL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27057 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 THE TRUE COPY OF THE DOCUMENT NO.897/2000 OF SRO KODAKKAL DATED 28.3.2000. EXT.P-2 THE TRUE COPY OF THE REPRESENTATION DATED 4.7.2011 FILED BEFORE THE 2ND RESPONDENT. EXT.P-3 THE TRUE COPY OF THE PLAINT IN O.S.198/2011 OF MUNSIFF COURT, TIRUR DATED 26.7.2011 RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 27057 of 2011 ------------------------------- Dated this the 13th day of October, 2011 J U D G M E N T The prayer in this writ petition is for an order directing the second respondent to consider Ext.P2 representation and pass orders thereon within a time limit to be fixed by this Court. The petitioner has in Ext.P2 representation requested the second respondent to re- locate the transformer which is proposed to be established on the road margin adjacent to the petitioner's land elsewhere. Ext.P2 representation is dated 4.7.2011. After the said representation was filed, the petitioner filed O.S.No.198 of 2011 in the Court of Munsiff, Tirur for a permanent prohibitory injunction restraining the Electricity Board and its officers from preventing access to the petitioner's property from any part of the public road lying on its west. The petitioner has also prayed for a mandatory injunction directing defendants 1 to 3 to remove the concrete posts erected on the road margin for installing the transformer. Ext.P3 is a copy of the plaint in O.S.No.198 of 2011. The petitioner has in paragraph 5 of the plaint stated that on coming to know of the steps take to erect a transformer in the road margin, she filed a complaint dated 4.7.2011 before the Deputy Chief Engineer. A copy thereof is produced as Ext.P2 in this W.P.(C) No.27057 of 2011 2 writ petition. The cause of action set out in the plaint is stated to have arisen on 4.7.2011. In my opinion, the petitioner who has already moved the civil court aggrieved by the failure on the part of the second respondent to take action on Ext.P2 complaint by instituting a suit cannot thereafter institute a writ petition and seek a direction to the respondents to consider Ext.P2 representation. The petitioner cannot in my opinion prosecute parallel remedies, one in the civil court and the other in this Court in respect of the same cause of action. The writ petition is in my opinion liable to be dismissed on that short ground. I accordingly decline jurisdiction and dismiss the writ petition without prejudice to the right of the petitioner to prosecute the suit. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 27057 of 2011 JUDGMENT Dated:- 13th October, 2011 --------------------------------------