IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 WP(C).No. 13787 of 2010(W) -------------------------- PETITIONER(S): ------------------------ 1. ELEZABETH KURIAN, D/O.LATE.JEROME KURIAN, KANDAMTHOTTUKARA HOUSE, VALLAPUZHA, NILAMBUR AMSOM, NILAMBUR DESOM, ERANAD TALUK, MALAPPURAM DISTRICT. 2. ANNAMMA KURIAN, D/O.LATE.JEROME KURIAN, KANDAMTHOTTUKARA HOUSE, VALLAPUZHA, NILAMBUR AMSOM, NILAMBUR DESOM, ERANAD TALUK, MALAPPURAM DISTRICT. 3. SHEEBA KURIAN, D/O.LATE.JEROME KURIAN, KANDAMTHOTTUKARA HOUSE, VALLAPUZHA, NILAMBUR AMSOM, NILAMBUR DESOM, ERANAD TALUK, MALAPPURAM DISTRICT. (PETITIONERS ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SMT.ANNIE KURIAN, W/O.LATE JEROME KURIAN, KANDAMTHOTTUKARA HOUSE, VALLAPUZHA, NILAMBUR AMSOM, NILAMBUR DESOM, ERANAD TALUK, MALAPPURAM DT) BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUDHI BHAVAN, PATTOM,THIRUVNANTHAPURAM. 2. ASST.ENGINEER IN CHARGE, KERALA STATE ELECTRICITY BOARD, T.C.SUB DIVISION,NILAMBUR. 3. ASSISTANT ENGINEER, T.C.SECTION, K.S.E.B.PUKOTTUMPADAM. 4. ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM, MALAPPURAM DISTRICT. SRI.P.P.THAJUDEEN, SC, KSEB GOVT.PLEADER SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/05/2010, ALONG WITH WPC NO.13866/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 13787 & 13866 OF 2010 =========================== Dated this the 4th day of May, 2010 J U D G M E N T According to the petitioners, respondents have issued Ext.P2 notices proposing to draw a 33 KV electric line over their properties. It is stated that on receipt of the notices, they have submitted Ext.P5 objections. The petitioners in WPC No.13787/2010 states that they have also filed Ext.P6 before the Addl. District Magistrate, objecting to the proposal contained in Ext.P2 notices. It is stated that despite the objection raised, without obtaining orders of the District Magistrate, respondents propose to draw line as mentioned in the notices. It is with this grievance these writ petitions have been filed. 2. If an owner of the property has objected to drawing electric line, unless orders of the District Magistrate removing the obstruction as required under the Electricity Act and the Telegraphic Act are obtained, the respondents cannot draw line through the properties. Going by the pleadings, such orders have been obtained, and if that be the case, lines cannot be drawn at this stage. 3. Therefore, these writ petitions are disposed of leaving it open to the respondents to obtain orders of the District Magistrate WPC Nos.13787 & 13866/10 :2 : removing the obstructions offered by the petitioners and draw electric lines thereafter. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp