K.v.Thomas, Vs the Kerala State Electricity Board Ltd. — Kerala HC (2025) — LawSathi Research

K.v.Thomas, Vs the Kerala State Electricity Board Ltd. — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the competent authority of the Kerala State Electricity Board to refer the petitioner's dispute to the additional 7th respondent (Additional District Magistrate) under the Indian Telegraph Act, 1885, acting on Exts.P2 and P3; the additional 7th respondent to decide after hearing the petitioner, respondents 4 to 6 and Board officials, endeavouring to complete the proceedings within three months of the reference.

Issue for consideration

Whether the dispute raised by the petitioner regarding the electric line drawn over his property to provide connection to respondents 4, 5 and 6 — which he contends can be shifted to a road jointly belonging to respondents 4, 5 and 6 — should be referred for adjudication to the additional 7th respondent (Additional District Magistrate) under the Indian Telegraph Act, 1885.

Court's answer

The writ petition stands disposed of with a direction that the dispute raised by the petitioner regarding the electric line be referred for adjudication to the additional 7th respondent (Additional District Magistrate) in accordance with the provisions of the Indian Telegraph Act, 1885.

Ratio / Principle

The competent authority of the Kerala State Electricity Board shall make the reference acting on Exts.P2 and P3 representations submitted by the petitioner.

Key takeaways

On the reference being made, the additional 7th respondent shall consider the matter in accordance with 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.ratio¶¶34
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.ratio¶¶34

Detailed headnote1 paragraphs

Electric line — line drawn over petitioner's property to provide connection to respondents 4, 5 and 6 — petitioner contended line could be shifted to a road jointly belonging to respondents 4, 5 and 6 — Board pointed to inter se dispute and suggested reference — Held: writ petition disposed of directing that the dispute be referred for adjudication to the additional 7th respondent (Additional District Magistrate, impleaded by order dated 4/3/2024 in I.A-1/2024) in accordance with the Indian Telegraph Act, 1885; competent authority of the Board to make the reference acting on Exts.P2 and P3; the additional 7th respondent to decide after hearing the petitioner, respondents 4 to 6 and Board officials, and to endeavour to complete proceedings within three months of the reference. (Gopinath P., J.; decided 03.04.2025)

2025:KER:28798

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 3^RD 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

6P.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:

WP(C) 7561/2024

2025:KER:28798

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.

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 7^th 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

WP(C) 7561/20244

2025:KER:28798

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 7^th 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 7^th 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 7^th 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

APPENDIX OF WP(C) 7561/2024

PETITIONER’S EXHIBITS

Exhibit P1A TRUE COPY OF THE NOTICE DATED
07.02.2024 ISSUED BY THE 3RD RESPONDENT

Exhibit P2A TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 03.02.2024

Exhibit P3A TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 08.02.2024

Exhibit P4A 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