IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 23100 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. SUNNY JOSEPH.K, S/O.LATE K.M.JOSEPH, AGED 33 YRS., KALATHOOR HOUSE, THUTHIYOOR KARA, KAKKANADU VILLAGE. 2. RENNY JOSEPH, S/O.LATE K.M.JOSEPH, AGED 31 YRS., KALATHOOR HOUSE, THUTHIYOOR KARA, KAKKANADU VILLAGE. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISIONAL OFFICE, KERALA STATE ELECTRICITY BOARD, CEMETERY JUNCTION, ERNAKULAM. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE OFFICE, CEMETERY JUNCTION, ERNAKULAM. 4. BASHEER, S/O.NADAKKAL ALI, NADAKKAL HOUSE, NEAR ADARSH NAGAR, THUTHIYOOR, KAKKANADU, ERNAKULAM DISTRICT. 5. DAVID, DRIVER, KAKKANADU BHAVAN, ADARSA VIDYALAYAM, KAKKANADU, ERNAKULAM DISTRICT. MR.P.P.THAJUDEEN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23100 of 2009 --------------------------------- Dated, this the 13th day of August, 2009 J U D G M E N T The petitioners state that by virtue of Ext.P2 will, 28 cents of land originally belonged to their father late Shri.K.M.Joseph, was inherited by them. 2. According to the petitioners, on 14/08/2000, when their father was alive, the 4th respondent drew an electric line through the aforesaid property covered by Ext.P2 will without the consent of their father. Complaints made before the authorities did not yield any result, and therefore, the deceased approached the Munsiff Court, Ernakulam by filing O.S.No.1883/2000. That suit was decreed as prayed for and Exts.P4 & P5 are the judgment and decree of the Civil Court, which is stated to have become final. 3. It is stated that after the judgment was rendered, although the deceased applied to disconnect the line by Ext.P6, no further action was taken by the authorities. After the expiry of their father, the petitioners continued to make representations to the WP(C) No.23100/2009 -2- authorities for removing the line, in terms of the Civil Court judgment. Exts.P7 to P9 are the representations that were filed to respondents 2 & 3. It is stated that even on the said applications, no action was taken. 4. The petitioners have a further complaint that in the meanwhile, the 5th respondent also drew a line through their property on 22/07/2009, and that also was done without obtaining their consent or any order from the District Magistrate concerned as contemplated under the Indian Telegraph Act. It is stated that thereupon again Ext.P10 representation was made to the aforesaid respondents and that there also was no response. It is in these circumstances, the writ petition is filed praying that respondents 1 to 3 should be directed to disconnect the electric connection given to respondents 4 & 5. 5. If as stated by the petitioners, Exts.P4 & P5 judgment and decree rendered by the Civil Court in O.S.No.1883/2000 against the 4th respondent has become final, necessarily Exts.P7 to P9 representations made by the petitioners deserve consideration. However, the learned standing counsel for the respondents points out that the appropriate authority before whom the representation is to be made is the Assistant Executive Engineer concerned. WP(C) No.23100/2009 -3- 6. In so far as the 5th respondent is concerned, he is not covered by Exts.P4 & P5 judgment and decree, and now that the line has already been drawn, the appropriate course open to the petitioners is to seek its shifting, if circumstances justify such a request. For this also, it is for the petitioners to move the Assistant Executive Engineer concerned. 7. Therefore, the writ petition is disposed of with the following directions:- That it will be open to the petitioners to move the Assistant Executive Engineer concerned of the 1st respondent, reiterating the request made in Exts.P7 to P9 and also requesting for shifting the electric line drawn to the premises of the 5th respondent. It is directed that in case a representation to the aforesaid effect is received from the petitioners, the Assistant Executive Engineer concerned shall take appropriate action with notice to the parties, and pass orders thereon. If a representation as above is received from the petitioners within two weeks from now, final orders in the matter as above shall be passed within six weeks thereafter. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg