2025:KER:28798 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 7561 OF 2024 PETITIONER: K.V.THOMAS, AGED 73 YEARS, S/O VARGHESE, KURISUMMOOTTIL HOUSE, CHAKKAMPUZHA P.O., KOTTAYAM, PIN – 686 574. BY ADV K.C.VINCENT RESPONDENTS: 1 THE KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS MANAGING DIRECTOR, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 2 THE EXECUTIVE ENGINEER, THE KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL DIVISION OFFICE, PALA, PALA P.O., KOTTAYAM, PIN – 686 575. 3 THE ASSISTANT EXECUTIVE ENGINEER, THE KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, RAMAPURAM, RAMAPURAM BAZAR P.O., KOTTAYAM, PIN – 686 576. 4 CHINMAYAN, AGED 44 YEARS, S/O MADHAVANKUTTY, EDATTUKANDATHU VEETTIL, NECHIPUZHOOR, CHAKKAMPUZHA P.O., KOTTAYAM, PIN – 686 574. 5 SRELEKHA, AGED 53 YEARS, W/O SATHEESH CHANDRAN, PADMANILAYAM HOUSE, NECHIPUZHOOR, CHAKKAMPUZHA P.O., KOTTAYAM, PIN – 686 574. 2025:KER:28798 WP(C) 7561/2024 2 6 P.V. GEORGE, AGED 65 YEARS, S/O VARKEY, PALATHANATHUPADFAVIL HOUSE, NECHIPUZHOOR, CHAKKAMPUZHA P.O., KOTTAYAM, PIN – 686 574. *7 ADDL.R7 THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOTTAYAM-686 002. *[ADDL.R7 IS IMPLEADED AS PER ORDER DATED 4/3/2024 IN I.A-1/2024 IN WP(C) 7561/2024] BY ADVS. MATHEW JOHN (K) (FOR R4 AND R5) ABY J AUGUSTINE PHILIP T.VARGHESE (FOR R6) THOMAS T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA JIJO PAUL A.ARUNKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28798 WP(C) 7561/2024 3 JUDGMENT The petitioner has approached this Court being aggrieved by the fact that an electric line has been drawn over the property of the petitioner to provide electric connection to respondents 4, 5 and 6. It is the case of the petitioner that the electric line can be conveniently shifted to a road belonging jointly to respondents 4, 5 and 6, and it need not be carried over the property of the petitioner. 2. The learned Standing Counsel appearing for the Kerala State Electricity Board submits that since there is a dispute between the petitioner and respondents 4, 5 and 6, and since the electric line has already been drawn, the matter may be referred for the adjudication of the additional 7th respondent under the provisions of the Indian Telegraph Act, 1885 (hereinafter referred to as the ‘1885 Act’). Having heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Kerala State Electricity Board and the learned counsel 2025:KER:28798 WP(C) 7561/2024 4 appearing for the party respondents, this writ petition will stand disposed of, directing that the dispute raised by the petitioner shall be referred for the adjudication of the additional 7th respondent in accordance with the provisions of the 1885 Act. The competent authority of the Kerala State Electricity Board shall make the reference acting on Exts.P2 and P3 representations submitted by the petitioner. On a reference is being made, the additional 7th respondent shall consider the matter in accordance with the law and take a decision after affording an opportunity of hearing to the petitioner, to respondents 4, 5 and 6, and also to the officials concerned of the Kerala State Electricity Board. The additional 7th respondent shall endeavour to complete the proceedings within three months from the date on which the reference is made by the Kerala State Electricity Board as directed above. Sd/- GOPINATH P. JUDGE ats 2025:KER:28798 WP(C) 7561/2024 5 APPENDIX OF WP(C) 7561/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 07.02.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 03.02.2024 Exhibit P3 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 08.02.2024 Exhibit P4 A ROUGH SKETCH SHOWING THE LIE OF THE RESPECTIVE LANDS AND THE ELECTRIC LINE RESPONDENT’S EXHIBIT Exhibit R4(a) A TRUE COPY OF THE PETITION FILED BY THE WRIT PETITIONER BEFORE THE 3 RD RESPONDENT DATED 03.02.2024