IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 1990 of 2011(W) ---------------------------------------- PETITIONER(S): ------------------------- KRISHNA KUMARI, W/O.KRISHNANKUTTY, KRISHNALAYAM,KADAPPA MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI.B.MOHANLAL, SRI.SAIJU S. RESPONDENT(S): -------------------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, COLLETORATE,CIVIL LINES,KOLLAM-13. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION OFFICE,MYNAGAPPALLY P.O., KARUNAGAPPALLY TALUK,KOLLAM,PIN-690 519. R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1990 OF 2011 -------------------------- Dated this the 28th day of January, 2011 J U D G M E N T Aggrieved by the proposal of the second respondent to erect a stay wire in the petitioner's lands in connection with a high tension drawn along the western boundary of the petitioner's property, the petitioner filed Ext.P2 petition before the District Collector, Kollam. He in turn forwarded it to the first respondent. In this writ petition, the petitioner seeks a direction to the respondents to refrain from erecting the stay wire in his land. 2. The learned standing counsel appearing for the Kerala State Electricity Board submits that the stay wire has already been erected in the petitioner's land and the electricity line has also been drawn along the boundary of the petitioner's property through a public road. In such circumstances, as the line has been drawn and the stay wire has been installed, I am of the opinion that the petitioner should file an appropriate petition under section 17 of the Indian Telegraph Act before the Additional District Magistrate. I accordingly dispose of the writ petition with a direction that in the event of the petitioner filing an appropriate petition under section WPC No.1990/2011 2 17 of the Indian Telegraph Act before the first respondent setting out his claims and contentions, the first respondent shall consider the same with notice to the Kerala State Electricity Board and pass appropriate orders thereon expeditiously and in any event within three months from the date of receipt of the petition. P.N.RAVINDRAN, (JUDGE) vps WPC No.1990/2011 3 WPC No.1990/2011 4