Citation : 2026 Latest Caselaw 1575 Ker
Judgement Date : 13 February, 2026
WP(C) NO. 14038 OF 2014 1 2026:KER:13256
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 13th DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 14038 OF 2014
PETITIONER:
V. SATYANARAYANA MURTHY,
H.NO.CNRA-188, CHAITNAYA NAGAR, MANJELIPADAM,
VADEKKE KOTA, TRIPUNITHURA - 682 306.
BY ADV SRI.R.MURALEEDHARAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDUTHI BHAVAN,
PATTAM PALACE, THIRUVANANTHAPURAM-695 004.
2 ASST. ENGINEER,
ELECTRICAL SECTION, EROOR- 682 309.
3 ASST. EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, TRIPUNTHURA -682 306.,
ERNAKULAM.
4 EXECUTIVE ENGINEER,
ELECTRICAL DIVISION, KSEB,
TRIPUNTHURA -682 306., ERNAKULAM.
5 SHRI.V.RAMACHANDRAN, S/O.SHRI VENKATAPATHI,
H.NO.CRA- 189, CHAITANYA NAGAR, MANJELIPADAM,
VADEKKEKOTA, TRIPUNITHURA - 682 306.
6 SHRI.M.S.VISWANATHAN,
S/O. S.M.SUNDARAM, H.NO.ERRA-2 A-K,
PRASATHI APPARTMENTS, NEAR GANAPATHY TEMPLE,
CHAKKANKULANGARA, ELAMANA ROAD, TRIPUNITHURA,
ERNAKULAM -682 306.
WP(C) NO. 14038 OF 2014 2 2026:KER:13256
BY ADVS. SMT.C.SEENA
SRI.P.P.THAJUDEEN
SRI. RIJI RAJENDRAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 14038 OF 2014 3 2026:KER:13256
JUDGMENT
The writ petition is filed with the following prayers.
"i) Call for the records.
ii) Issue a writ of Certiorari to quash Exhibit P5 dated 19.10.2013, Exhibit P7 dated 29.11.2013 and Exhibit P9 dated 06.03.2014 is as much as the petitioner is directed to remit the entire Expenses for shifting the Service Wire through the alternative feasible route suggested by the petitioner and agreed by the Respondents.
iii) Issue a writ of mandamus or any other appropriate writ, order of direction to Respondents 1 to 4 to effect shifting of Service wire from the present alignment to the alternative feasible route suggested by the petitioner and agreed by the Respondents.
iv) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents 1 to 4 to dispense with the remittance of expenses by the petitioner for shifting the Electricity Service wire and direct the 5th Respondent or in the alternative KSEB to bear entire expenses for the said purpose.
v) Any other further relief or order as this Hon'ble Court may deem fit and proper to meet the end of justice.
and
vi) Award the cost of these proceedings."
WP(C) NO. 14038 OF 2014 4 2026:KER:13256
2. This Court had passed an order on 02.02.2026 as follows.
"The learned Standing Counsel for the Board is directed to get instructions on the expenses currently required, as the learned counsel for the petitioner submits that a post has already been installed, pending the writ petition. Post on 13.02.2026."
3. Pursuant to the above, a memo has been filed by the Board
producing a report after a site inspection on 05.02.2026, which
states that a total amount of Rs.14,329/- is required for installing a
support post. If the petitioner is aggrieved by the same and
disputes the quantum, the only remedy is to approach the ADM
under Section 17(2) of the Telegraph Act.
4. Accordingly, the writ petition is disposed of, directing the
petitioner to take recourse to Section 17(2) of the Telegraph Act, in
case he is not satisfied with the report and the amount computed by
the Board.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE DMR/-
WP(C) NO. 14038 OF 2014 5 2026:KER:13256
APPENDIX OF WP(C) NO. 14038 OF 2014
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LOCATION SKETCH/PLAN OF THE PROPERTY OF THE PETITIONER AND NEIGHBOURING PROPERTIES.
EXHIBIT P2 TRUE COPY OF THE LOCAL SKETCH/ OF THE
PROPERTY OF THE PETITIONER AND
NEIGHBOURING PROPERTIES. TRUE COPY OF THE APPLICATION DATED 16/02/2013 SUBMITTED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT, 2005 BEFORE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 15/03/2013 SEND BY THE 2ND RESPONDENT TO THE PETITIONER IN PURSUANCE TO EXHIBIT P1 APPLICATION.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 06/04/2013 SEND BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 19/10/2013 SEND BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 15/11/2013 SEND BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 29/11/2013 SEND BY THE 2ND RESPONDENT TO THE PETITIONER WITH COPY TO THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 26/01/2014 SEND BY PETITIONER TO THE 2ND RESPONDENT WITH COPY TO THE 4TH RESPONDENT DY.CHIEF ENGINEER, (ELECTRICAL), KSEB, ERNAKULAM, CHIEF ENGINEER, KSEB, ERNAKULAM. WP(C) NO. 14038 OF 2014 6 2026:KER:13256
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 06/03/2014 SEND BY THE 2ND RESPONDENT TO THE PETITIONER WITH COPY TO THE 3RD RESPONDENT.
// TRUE COPY //
P.A. TO JUDGE
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