IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 5589 of 2008(M) -------------------------------------- PETITIONER: ------------------- LEELA, W/O. VIJAYAN, PANICKAVEETTIL, PALLICKAL NADUVILE MURI, BHARANIKKAVU VILLAGE. BY ADVS. MR.R.REJI, MR.B.BIPIN. RESPONDENTS: ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE ASSISTANT ENGINEER, K.S.E.B., SECTION OFFICE, KATTANAM. 3. VASUDEVAN MOHANAN, CONSUMER NO.9639, VAZHAPPALLIL HOUSE, PALLICKAL NADUVILE MURI, PALLICKAL P.O., PIN-690 503. 4. RATNAMMA RAJAPPAN, CONSUMER NO.12286, VAZHAPPALLI HOUSE, PALLICKAL NADUVILE MURI, PALLICKAL P.O., PIN-690 503. R1 & R2 BY MR.P.P.THAJUDEEN, SC, K.S.E.B, R3 & R4 BY ADV. MR.K.SASIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5589/2008-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SETTLEMENT DEED EXECUTED BY THE PETITIONER'S HUSBAND DATED 16/10/1991. EXT.P.2: COPY OF THE TAX RECEIPT FOR THE YEAR 2004-2007 DATED 10/04/2007. EXT.P.3: COPY OF THE ROUGH SKETCH. EXT.P.4: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE R.2. DTD. 11/10/2007. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.32380/2007 DTD. 31/10/2007. EXT.P.6: COPY OF THE JUDGMENT IN C.C.C. NO. 1790/2007 DTD. 11/01/2008. EXT.P.7: COPY OF THE COUNTER AFFIDAVIT FILED BY THE R.2. RESPONDENTS' EXHIBIT: EXT.R4.A: A ROUGH SKETCH OF THE SITE SHOWING THE ACTUAL ELECTRIC LINE AND THE LIE OF THE ELECTRIC POSTS. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No. 5589 of 2008 --------------------------------- Dated, this the 24th day of June, 2009 J U D G M E N T The grievance in this writ petition is mainly regarding a post that is erected by the Kerala State Electricity Board for supplying energy to the residential premises of respondents 3 & 4. 2. The petitioner submits that the post in question is erected in her property and she wants to have the post shifted to the properties of respondents 3 & 4. When a request made in this behalf was not considered, this writ petition was filed. 3. A counter affidavit has been filed by respondents 3 & 4, where it has been stated thus :- “To facilitate this connection to our houses, another electric post was installed at the south eastern side of our property absolutely within our compound. In otherwords, the electric line is drawn from the southern electric post standing by the side of the Panchayat road there, it was carried northwards through over the canal and connected to an electric post installed in our property at its south-eastern corner and its is from this post that house WP(C) No.5589/2008 -2- connection is provided to my house. There is absolutely no crossing over of the line through the petitioner's property and there is no electric pole installed in his property for giving connection to our house.” 4. Therefore, the case pleaded in the counter affidavit filed by the respondents is that the post in question is erected in their property. If this be the factual situation, the petitioner can have no grievance. Be that as it may, in an appropriate proceedings, if it is found that the post is located in the petitioner’s property, it will be open to the petitioner to move the authorities for getting the same shifted. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg