The petitioner has approached this Court with the following prayers:
“i. To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to allow Ext.P3 application filed by the petitioner under Section 17 of the Indian Telegraph Act and shift the existing Electric Line of the 3rd respondent to the alternate route suggested by the petitioner within a stipulated time as directed by this Hon'ble Court.
ii. To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider Ext.P3 application filed by the petitioner under Section 17 of the Indian Telegraph Act and shift the existing Electric Line of the 3rd respondent to the alternate route suggested by the petitioner within a stipulated time as directed by this Hon'ble Court.
iii. To declare that the petitioner is entitled to get shifting of Electric Line from his property to the alternate route suggested by the petitioner.
2. The learned counsel for the petitioner submits that the electric line sought to be drawn through the property of the petitioner was without any regard to the actual facts and figures and also as to the feasibility involved.
3. The learned Standing Counsel for the respondents submits that, the line has been drawn on the basis of the issue finalized by the 1st respondent vide Ext.P2 order dated W.P.C. No. 27796 of 2014 -2-
23.07.2014. It is stated that the petitioner was also given an opportunity of hearing. It was after assessing the feasibility and such other relevant aspects that the proceedings were finalized by the ADM as given in Ext.P2. It is also pointed out by the learned counsel that, Ext.P3 petition filed by the petitioner before the 1st respondent for shifting the line is not liable to be entertained. The course now open for the petitioner is to file a petition under Section 17(1) of the Indian Telegraph Act before the second respondent, upon which the matter will be considered by the second respondent in accordance with law. If there is any lapse or inaction on the part of the second respondent, then it is open for the petitioner to approach the 1st respondent directly by filing a petition under Section 17(2) of the above Act.
4. The learned counsel for the petitioner submits that, the petitioner is ready to file a proper petition under Section 17(1) before the second respondent. In the said circumstance, the petitioner is set at liberty to file such petition before the second respondent under Section 17(1) for shifting the line, upon which the same shall be considered and appropriate orders shall be W.P.C. No. 27796 of 2014 -3-
passed in accordance with law, after giving an opportunity of hearing to the petitioner and also the 3rd respondent. This shall be done at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. The writ petition is disposed of.
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P.R. RAMACHANDRA MENON, JUDGE.
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