AJI PHILIP Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner had approached respondents 1 to 3 seeking shifting of an electric line situated in the middle of his property to another location, within his property itself, in order to make it convenient for constructing an industrial building. Since Exhibit P4 request submitted in this respect was not considered, this writ petition is filed.

(2.) GOING by Section 17(1) of the Indian Telegraph Act, 1885, read with Section 164 of Electricity Act, 2003, the 3rd respondent is bound to consider any request for shifting of the line and to take a decision thereof. As per Sub Section 2 of Section 17 if such authority omits to comply with the requisition, the petitioner will be at liberty to approach the District Magistrate. In the case at hand Exhibit P4 is seen submitted before respondents 1 to 3. At the first instance, it is for the 3rd respondent to consider feasibility of allowing the request and to take an appropriate decision. If the 2nd respondent declines the request the petitioner can very well invoke jurisdiction of the District Magistrate.

(3.) THEREFORE the writ petition is disposed of directing the 3rd respondent to consider and pass appropriate orders on Exhibit P4 request, if necessary after affording an opportunity of hearing to the petitioner. A decision in this regard shall be taken at the earliest possible, at any at rate within a period of 2 weeks from the date of receipt of a copy of this judgment.