Dr. Alex P.C vs The District Collector
2021 Latest Caselaw 23336 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 21163 OF 2021
PETITIONER:

          DR. ALEX P.C
          AGED 66 YEARS
          S/O.CHANDY CHANDY, PERUMPALLIKKUNNEL HOUSE, POONJAAR
          P.O., POONJAR VILLAGE, MEENACHIL TALUK, KOTTAYAM
          DISTRICT, PIN CODE-686581.
          BY ADV THANUJA ROSHAN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          KOTTAYAM-KUMILY RD, COLLECTORATE, KOTTAYAM, KERALA, PIN
          CODE-686002.
    2     THE EXECUTIVE ENGINEER
          KSEBLTD., ELECTRICAL DIVISION-PALA, 123, PALA-RAMAPURAM
          ROAD, PALA, KERALA, PIN CODE-686576.
    3     THE ASSISTANT EXECUTIVE ENGINEER,
          KSEB LTD., ELECTRICAL SUB DIVISION-ERATTUPETTA,
          ETTUMANOOR-ERATTUPETTA ROAD, KADUVAMUZHI, ERATTUPETTA,
          KERALA, PIN CODE-686121.
    4     THE ASSISTANT ENGINEER,
          KSEB LTD., ELECTRICAL SECTION-POONJAR, POONJAR,
          KOTTAYAM DISTRICT, KERALA, PIN CODE-686582.
OTHER PRESENT:

          SRI.SUDHEER GANESH KUMAR, SC,SMT.SABEENA P.ISMAIL, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21163 OF 2021
                                    2

                  BECHU KURIAN THOMAS, J
                 ............................................
              W.P.(C) NO.21163 OF 2021
               ...........................................
          Dated this the 25th day of November, 2021


                            JUDGMENT

Petitioner seeks shifting of a double pole structure of

the Kerala Electricity Board, presently located in front of the

property of the petitioner. It is alleged that the pole

structure, including the stay wire are obstructing the

proposed construction in petitioner's property. Complaints

filed before the various statutory authorities did not yield

results and finally petitioner submitted Ext.P7 before the

District Magistrate.

2. The endorsement on one of the pages in Ext.P7

shows that the District Magistrate is in receipt of the

representation from the petitioner, presumably filed under

Section 17 of the Indian Telegraph Act 1885.

3. Since the aforesaid petition can be treated as a

statutory petition under Section 17 of the Act, I direct the WP(C) NO. 21163 OF 2021

1st respondent, District Magistrate to consider and pass

appropriate orders after hearing all the stakeholders

involved in the matter, as expeditiously as possible, at any

rate, within a period of three months from the date of

receipt of a copy of this judgment.

This writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 21163 OF 2021

APPENDIX OF WP(C) 21163/2021

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE REQUEST DATED 28.02.2020 MADE BY THE PETITIONER TO THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 20.07.2020 SENT BY THE PETITIONER TO THE 4TH RESPONDENT THROUGH REGISTERED POST.

Exhibit P3 PHOTOGRAPHS SHOWING THE TWO ELECTRICAL POSTS WITH STAY WIRES ATTACHED TO THE TWO SIDES ONTO THE ROADSIDE AND STAY WIRES WITHIN THE PETITIONER'S PROPERTY.

Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT DATED 08.12.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPLY DATED 08.02.2021 FILED BY THE 4TH RESPONDENT BEFORE THE VAIDYUTI ADALAT.

Exhibit P6 TRUE COPY OF THE REPLY DATED 19.03.2021 FILED BY THE 3RD RESPONDENT BEFORE THE CONSUMER GRIEVANCE REDRESSAL FORUM (SOUTH), KSEB LTD., VYDYUTHI BHAVANAM, KOTTARAKKARA.

Exhibit P7 TRUE COPY OF THE PETITION DATED 24.06.2021 SUBMITTED BEFORE THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS : NIL

AJM                  //TRUE COPY//            PA TO JUDGE