IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 W.A.No. 45 of 2009 ------ ------------------- AGAINST THE JUDGEMENT IN WPC.20112/2008 DATED 18/08/2008 .................... APPELLANT/PETITIONER ------------------------------------ BABY.K.J, AGED 58 YRS,S/O.K.J.JOSEPH, KALAPPURACKAL PARAPPURATH HOUSE, SOUTH AMBALLOOR.P.O. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) RESPONDENTS/RESPONDENTS IN WPC ---------------------------------------------------------- 1. THE ASSISTANT ENGINEER,ELECTRICAL SECTION,AMBALLOOR, MULANTHURUTHY. 2. THE EXECUTIVE ENGINEER,ELECTRICAL DIVISION,TRIPUNITHURA. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VYDHYUTHI BHAVAN,TRIVANDRUM. 4. JOB.J.VILLY,S/O.JOSEPH,VILLIL HOUSE, AMBALLOOR.P.O,ERNAKULAM DIST. R1 TO R3 BY STANDING COUNSEL SRI.C.K.KARUNAKARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy, Ag.C.J. & V.GIRI, J. ------------------------------------------ W.A.No. 45 of 2009 ------------------------------------------ Dated, this the 16th day of January, 2009 JUDGMENT J.B.Koshy, Ag.C.J. Electric connection was given to the 4th respondent's house through the property of the petitioner years back. Now the petitioner wants to shift the above line as there is an alternate route available. Petitioner relies on the agreement expressed by the 4th respondent. 2. The learned Judge stated that the remedy is under Section 17 of the Indian Telegraph Act and therefore, the petitioner has to approach the District Magistrate. Therefore, the learned Judge, without prejudice to the right of the petitioner to invoke Section 17 of the Act, dismissed the writ petition. 3. When there is an alternate efficacious statutory remedy available, this Court will not entertain a petition under Article 226 of the Constitution of India, especially when factual matters have W.A.No.45 of 2009 2 to be considered. 4. In the above circumstance, we agree with the learned Single judge and dismiss the writ appeal. J.B.Koshy, (Ag. Chief Justice) V.GIRI, (Judge) vns