IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 29321 of 2006(N) --------------------------------------- PETITIONER: ------------------- ROOPA SHINOD, AGED 26 YEARS, W/O.SHINOD, RESIDING AT NAMBIAR VEEDU, BEYPORE, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN, ADV. SRI.A.J.RAFEEK. RESPONDENTS: ----------------------- 1. THE KERALA ELECTRICITY BOARD, REP. BY ITS SECRETARY, VIDYUTHA BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KADALUNDI, KOZHIKODE. 3. ULLISSERI NARAYANAN, S/O.CHAYICHAN, RESIDING AT NECHIVALAPPIL HOUSE, POST PULLIPARAMBA, CHELEMBRA, MALAPPURAM. ADV. SRI. JOSE J. MATHEIKEL, SC, KSEB FOR R1 & R2, ADV. SRI.T.R.RAVI FOR R3, ADV. SRI.P.S.MURALI FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29321/2006-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ROUGH SKETCH. EXT.P.2: COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE RESPONDENTS. EXT.P.3: COPY OF THE REPLY ISSUED BY THE R.2. TO THE PETITIONER'S COUNSEL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 29321 of 2006 ----------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT The writ petition is filed with the following prayer:- i) Issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to remove the electric service line drawn to the 3rd respondent's property through the property of the petitioner, within a time stipulated by this Honourable Court. The remedy open to the petitioner is to approach the District Magistrate under Section 17 of the Indian Telegraph Act, 1885. In the event of the petitioner approaching the said authority within two months from today, the matter will be duly considered by the said authority with notice to the petitioner and respondents 1 and 2 and appropriate action in accordance with law in the matter will be taken within another four months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.29321 of 2006 ----------------------------------- JUDGMENT 19th September, 2008