IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 26471 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. DAKSHAYANI C.V., CHERAN HOUSE, P.O.NIDIYENGA, TALIPARAMBA, KANNUR DISTRICT. 2. VALSALA, W/O.MANOHARAN K.V., KALLUVADI HOUSE, VELAPURAM PALAM, P.O.PAPPINISSERI, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): --------------- 1. ADDITIONAL DISTRICT MAGISTRATE, KANNUR. 2. KOKKADAN NARAYANAN, CHEPPARAMBU, SREEKANDAPURAM, KANNUR DISTRICT. 3. THAYYIL CHANDROTH RAMESHAN, NIDIYENGA P.O., TALIPARAMBA, KANNUR DISTRICT. 4. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, P.O.SREEKANDAPURAM, KANNUR DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R4 GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 26471 of 2009 ================== Dated this the 21st day of October, 2009 J U D G M E N T The petitioners are the owners of a property through which the 4th respondent proposes to draw electric line for which permission has been granted by the 1st respondent-Additional District Magistrate under Section 16(1) of the Indian Telegraph Act, by Ext.P1 order. The petitioners' contention is that Ext.P1 order is bad, since the ADM has not considered the feasibility of another route suggested by the petitioners, that too, through another property of the 2nd petitioner. 2. After hearing, I am satisfied that in so far as both lines are through the property of the 2nd petitioner, the 4th respondent cannot have any objection in drawing electric line through the alternate route which is marked as “PQB” in Ext.P2 sketch. Of course the learned standing counsel for the 4th respondent submits that it need not necessarily be from “P” itself, since the KSEB can put a post closer to “Q”. That is upto to the 4th respondent to decide whether the line is to be drawn from “P” or from another point in the same road closer to “Q”. Accordingly, this writ petition is disposed of directing the 4th respondent to draw electric line through “QB” from the road to Sreekandapuram for giving electricity connection to the 2nd respondent through the 2nd petitioner's property. Ext.P1 order would stand modified accordingly. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2