IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 45 of 2009()
1. BABY.K.J, AGED 58 YRS,S/O.K.J.JOSEPH,
... Petitioner
Vs
1. THE ASSISTANT ENGINEER,ELECTRICAL
... Respondent
2. THE EXECUTIVE ENGINEER,ELECTRICAL
3. KERALA STATE ELECTRICITY BOARD,
4. JOB.J.VILLY,S/O.JOSEPH,VILLIL HOUSE,
For Petitioner :SRI.GEORGE VARGHESE (MANACHIRACKEL)
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :16/01/2009
O R D E R
J.B.Koshy, Ag.C.J. & V.GIRI, J.
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W.A.No. 45 of 2009
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Dated, this the 16th day of January, 2009
JUDGMENT
J.B.Koshy, Ag.C.J.
Electric connection was given to the 4th respondent’s
house through the property of the petitioner years back. Now the
petitioner wants to shift the above line as there is an alternate route
available. Petitioner relies on the agreement expressed by the 4th
respondent.
2. The learned Judge stated that the remedy is under
Section 17 of the Indian Telegraph Act and therefore, the petitioner
has to approach the District Magistrate. Therefore, the learned
Judge, without prejudice to the right of the petitioner to invoke
Section 17 of the Act, dismissed the writ petition.
3. When there is an alternate efficacious statutory
remedy available, this Court will not entertain a petition under Article
226 of the Constitution of India, especially when factual matters have
W.A.No.45 of 2009
2
to be considered.
4. In the above circumstance, we agree with the learned
Single judge and dismiss the writ appeal.
J.B.Koshy,
(Ag. Chief Justice)
V.GIRI,
(Judge)
vns