Kerala High Court
Pradeep K.B vs The Kerala State Electricity Board on 26 June, 2025
WP(C) NO. 12683 OF 2025 1
2025:KER:46514
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(C) NO. 12683 OF 2025
PETITIONER:
PRADEEP K.B.,
AGED 57 YEARS
S/O. K.K. BALAN, KOLOTHURA HOUSE, EROOR.P.O,
EROOR WEST, PERIKKAD, ERNAKULAM, PIN - 682012
BY ADVS.
SRI.C.H.ABDUL RASAC
SRI.ABDUL RAOOF PALLIPATH
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
2 THE DEPUTY CHIEF ENGINEER,
OFFICE OF THE DEPUTY CHIEF ENGINEER, ERNAKULAM
ELECTRICAL CIRCLE, PIN - 695004
3 THE ASSISTANT SUB ENGINEER,
KERALA STATE ELECTRICITY BOARD, EROOR, EROOR
P.O., THRIPPUNITHURA, ERNAKULAM DISTRICT,
PIN - 682012
BY ADV ARUNKUMAR A., SC, KSEB
OTHER PRESENT:
SRI. B. PREMOD,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 12683 OF 2025 2
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MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.12683 of 2025
.............................................................
Dated this the 26th day of June, 2025
JUDGMENT
The writ petition is filed seeking the following prayers:-
"(i) issue a Writ of Mandamus or any other Writ or order
directing the 3rd respondent to relocate the electric post
in question on the side of the municipality road.
(ii) issue a Writ of Mandamus or any other Writ or order
directing the 3rd respondent to relocate the electric post
without obtaining consent of the nearby property
owners.
(iii) Dispense the English Translation of vernacular
languages.
(iv) grant such other relief as this Hon'ble court may
deem fit and proper as on the facts and circumstances of
the case. "
2. The statement filed by the learned Standing Counsel
for the Board reads as follows:-
"2. It is admitted that there is an electric post bearing
No.E/PR/41/7/2 standing near the petitioner's boundary
wall as averred in the writ petition. It is admitted that
the petitioner approach the 3 respondent with a request
to shift the said electric post and to relocate the same.
However, the contention regarding no difficulty in
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shifting the post is absolutely false and hence denied. It
is admitted that the ward member intervened and
submitted a letter to the 3 rd respondent as averred in
para 4 of the said writ petition.
3. It is submitted that the 3rd respondent on application
from the petitioner, visited the site and found that
consent from the nearby property owners of the
petitioner required for shifting the said post. The
following 3 service connections are from pole no:
E/PR/41/7/2 which is to be shifted as per the request
from Sri. Pradeep K.B under Electrical Section, Eroor,
and they are as follows:
a) Consumer No-10929 in the name of Sri
Manoharan KK (Service Connection to Sri.
Pradeep)
b) Consumer No-10927 in the name of Sri.
Viswambaran P.K
c) Consumer No-10928 in the name of Smt.
Isha
If the post bearing no: E/PR/41/7/2 is shifted,
the alignment of the service wires to these 3 connections
will be changed. The service wire to Consumer No.
10927(Sri Viswanbaran PKI will cross the property of
consumer No.10928 (Smt Isha). Hence the consent from
Smt. Isha is required for the aforesaid realignment
Furthermore, consent from both Sri. Viswambaran PK
and Smt. Isha are needed for realigning their existing
service wire through their property. A true copy of the
Location sketch for reference is produced herewith and
marked Exhibit R1(a)."
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3. Though the learned counsel for the petitioner submits that
there is no requirement of any consent and that the post can be
shifted even without any consent, the Board had to refer the
matter to the District Magistrate, in case there is a lack of consent,
the matter has to be referred to the Additional District Magistrate
in exercise of the power granted under Section 10(d) of the Indian
Telegraph Act, 1885, read with Section 17 thereof.
4. Under the above circumstances, the writ petition is
disposed of, directing the 3rd respondent to consider the request
made by the petitioner for shifting of the electric post and, in case
consent has to be received from the neighbouring property also,
and if the same is not obtained, refer the matter to the Additional
District Magistrate in terms of the provisions stated above. The
Board will complete the above process within two months from the
date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
Anu JUDGE
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APPENDIX OF WP(C) 12683/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPIES OF THE PHOTOGRAPHS OF THE
ELECTRIC POST SITUATED IN FRONT OF THE
PROPERTY OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE LETTER SUBMITTED BY
THE WARD MEMBER DATED 01.03.2025 BEFORE
THE 3RD RESPONDENT
RESPONDENT EXHIBITS
Exhibit R1(a) A true copy of the Location sketch
prepared by the 3rd respondent
