IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 30847 of 2009(A) -------------------------- PETITIONER(S): --------------- K.V.DAVIS, S/O. LATE K.P.KUNJUVAREED KUNDUKULANGARA HOUSE, 17/1415 MARTHA BHAVAN ROAD, EAST FORT, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): --------------- 1. K.S.E.B ,REPRESENTED BY ITS SECRETARY VIDUDHY BHAVAN, THIRUVANANTHAPURAM. 2. ASST.EXECUTIVE ENGINEER, K.S.E.B ELECTRICAL MAJOR SECTION, THRIPRAYAR, THRISSUR. 3. ASST.EXECUTIVE ENGINEER ,K.S.E.B T.C.SECTION, ANTHIKKAD, VALAPPAD PO, THRISSUR. 4. K.A.DOMINIC, KRUTHUKULANGARA HOUSE PUTHENPEEDIKA, THRISSUR. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 30847 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th November, 2009. J U D G M E N T The petitioner is the owner of a property through which allegedly respondents 1 to 3 intend to relocate an electrical line formerly drawn through the property of the 4th respondent. The petitioner submits that earlier the property belonging to the petitioner was used for the purpose of drawing electricity lines allegedly without permission. The petitioner's father had approached this Court by filing O.P.No. 7098/1986, wherein by Ext. P3 judgment, while condoning the transgressions already committed, this Court directed that the right of the petitioner shall not be interfered with in the matter of drawing electricity lines and the directions in the judgment have to be strictly complied with. According to the petitioner, now in violation of the directions in that judgment, respondents 1 to 3 are trying to use the petitioner's property for drawing electricity lines, which is to benefit the 4th respondent. The petitioner therefore seeks the following reliefs: “A. Direct the respondents 1 to 3 to relocate the Puthenpeeika Transformer and the electrical lines drawn from it to their former position along or abutting 4th respondent's property; B. Direct the respondents to pay the petitioner Rs. 2 lakhs by way of compensation for the damages and mental agony he was forced to suffer.” 2. The learned standing counsel for the Kerala State Electricity Board submits that the present proposal has nothing to do with the earlier lines, which was the subject matter of Ext. P3 judgment. Now the proposal is to draw a new 11 KV line since a new 33 KV Sub Station has been constructed. According to him, the line is proposed to be drawn only through the road adjacent to the petitioner's W.P.C. No. 30847/09 -: 2 :- property. But, for that purpose, the stay wires already placed in the petitioner's property for drawing the earlier line may have to be strengthened. In that process, the petitioner's property may also have to be used. Since the petitioner objects to the same, the matter has been referred to the District Magistrate and the line would be drawn only in accordance with the orders of the District Magistrate. 3. I have considered the rival contentions in detail. 4. In view of the fact that the matter has been referred to the District Magistrate, I am of opinion that the petitioner can raise all his contentions before the District Magistrate. Suffice it to say that the District Magistrate while considering the matter, shall consider the objections of the petitioner and enter findings thereon giving reasons. Needless to say, without obtaining permission from the District Magistrate/Additional District Magistrate, the petitioner's property shall not be interfered with in any manner. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.