IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 18018 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. PRADEEP KUMAR, S/O. LATE VASUDEVAKURUP, THADATHIL HOUSE, KADAMANITTA P.O., PATHANAMTHITTA. 2. PRIYA S, W/O. SUJITH KUMAR, THADATHIL PUTHEN VEEDU, KADAMANITTA P.O., PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SECTION, PATHANAMTHITTA. 3. EXECITOVE EMGOMEER. KSEB, ELECTRICAL SECTION, PATHANAMTHITTA. 4. ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, PATHANAMTHITTA. 5. DISTRICT COLLECTOR (DISTRICT MAGISTRTE), PATHANAMTHITTA. 6. ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA. 7. THE DIRECTOR GENERAL OF POLICE. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 4 BY GOVT. PLEADER SRI. K.C SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.18018 OF 2009 ------------------------ Dated this the 30th day of June, 2009. JUDGMENT The grievance of the petitioner is about an electric post, that has been erected by the respondents, allegedly in front of the petitioners' property with a stay wire laid in their land. It is stated that as a result of this, they are not in a position to make use of the property for the construction of residential house. When the matter came up before this court on 26.6.2009, the case was adjourned with a direction to the Standing Counsel appearing for the respondents to ascertain whether Ext.P3 complaint objecting to the location of the post has been received by them. 2. On instructions, today it is reported that the said representation has not been received the respondents. WP(c).No.18018/09 2 3. Be that as it may, on the admitted facts pleaded by the petitioners, the post in question had already been erected. Once a post has been erected as above, if it is causing any inconvenience to the petitioners, it will be open to the petitioners to move the authorities of the Board to have the post shifted to a suitable location and if they do not take action, the petitioners themselves can approach the 6th respondent who has been vested with the powers under the Indian Telegraph Act. 4. Now that the respondents confirms that did not receive Ext.P3, it is open to the petitioners to move the 2nd respondent for shifting the post and on receipt of which, the 2nd respondent shall take necessary action on it. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.18018/09 3