IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 3328 of 2008(U) ------------------------- PETITIONER: ------------- YOUSUF, AGED 50, S/O.KELATHUPARAMBIL YOUSUFKUTTY, AYYANTHOLE VILLAGE DESOM, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ---------------- 1. THE THRISSUR MUNICIPAL CORPORATION, REP. BY ITS SECRETARY, M O ROAD, THRISSUR. 2. THE DEPUTY CHIEF ENGINEER, TRANSMISSION, THRISSUR. 3. THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, THRISSUR. 4. THE ASSISTANT EXECUTIVE ENGINEER, T C SUB DIVISION, VIYYUR, THRISSUR. 5. THE ADDL DISTRICT MAGISTRATE, THRISSUR. R1 BY ADV.SRI.K.B.MOHANDAS. R2 TO R4 BY SRI.P.P.THAJUDEEN, SC FOR KSEB. R5 BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.3328 of 2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of January, 2008. JUDGMENT 1.Learned standing counsel takes notice for the first respondent. Learned standing counsel takes notice for respondents 2 to 4 and the learned Senior Government Pleader takes notice for the 5th respondent. 2.The petitioner apprehends that a 110 KV line would be drawn by the Electricity Board for enhancing the power supply, including by providing certain transformers and that the drawal of the line in terms of the alignment, as proposed, would be detrimental to the property of the petitioner. He accordingly requested for indulgence and Ext.P5 has been issued by the Electricity Board calling upon the petitioner to WP(C)3328/2008 -: 2 :- agree to pay the differential cost, if at all there is to be any diversion at his instance. He has made Ext.P6 in reply to Ext.P5. 3.Be that as it may, it is also the law that if there is any objection to the drawal of line, the competent authority in the Board has to move the authority under the Electricity Act and the Telegraph Act for removal of such obstruction. Under such circumstances, this writ petition is disposed of directing that Ext.P6 will be taken up and a decision taken thereon and if there is any further obstruction, appropriate application shall be made in terms of the Electricity Act and Telegraph Act for removal of such obstruction. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/