LAWS(KER)-2008-10-57

NARAYANAN NAIR Vs. R KUNJIKRISHNAN NAIR

Decided On October 15, 2008
NARAYANAN NAIR Appellant
V/S
R. KUNJIKRISHNAN NAIR Respondents

JUDGEMENT

(1.) Respondents 4 and 5 in the writ petition are the appellants in this Writ Appeal. They are aggrieved by the orders passed by the learned Single Judge in WP (C) No. 17196 of 2008 dated 8th August, 2008. Therefore, they are before us in this appeal.

(2.) Respondents 4 and 5 had filed an application before the Additional District Magistrate, Pathanamthitta, for shifting of electric line passing through their property for supply of electrical energy to the writ petitioner's property. The Additional District Magistrate, by invoking his powers under S.17 of the Indian Telegraph Act, 1885 ('Act' for short), has granted the reliefs sought for by respondents 4 and 5. It is that order which had been called in question by the petitioner before this Court.

(3.) Admittedly, the petitioner in the writ petition was a consumer of electrical energy supplied by the 3rd respondent in the writ petition for more than four decades. For supply of electrical energy to the petitioner's property, the electric lines were drawn by the officers of the Kerala State Electricity Board through the property of respondents 4 and 5. As we have already stated, it is respondents 4 and 5 had approached the Additional District Magistrate to invoke his powers under S.17 of the Act and to shift the electric lines to the property of the writ petitioner.