IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28923 of 2011(M) --------------------------------------- PETITIONER: ------------------- K.E.JOSEPH, S/O.ESTHAPPAN, AGED 39 YEARS, KUZHIVELIPURATH HOUSE, CHEMBERI POST, ERUVESSI AMSOM, TALIPARAMBA TALUK,KANNUR DISTRICT. BY ADVS. SRI.V.T.MADHAVANUNNI, SRI.V.A.SATHEESH, SRI.J.ABHILASH. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTIRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUT BHAVAN, PATTAM POST, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, TRANSMISSION CONSTRUCTION SECTION, KERALA STATE ELECTIRICITY BOARD ,CHEMBERI POST, ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT- 670 643. 3. EXECUTIVE ENGINEER, TRANSMISSION DIVISION, KERALA STATE ELECTIRICITY BOARD , VYDHUTHI BHAVAN, KANNUR 670 002. R1 TO R3 BY ADV. SRI.K.M.SATHYANATHA MENON,S.C,K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28923/2011-M: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1l TRUE COPY OF THE TITLE DEED NO.1176/2004 IN FAVOUR OF THE PETITIONER DT.6.4.2004. EXT.P2: TRUE COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF THE PETITIONER DT.9.12.2009. EXT.P3: TRUE COPY OF THE FIRST PLAN OF THE PROPOSED 110 KV LINE DT.23.9.2010. EXT.P4: TRUE COPY OF THE SECOND PLAN OF PROPOSED 110 KV LINE DT. 12.1.2011. EXT.P5: TRUE COPY OF THE THIRD PLAN OF PROPOSED 110 KV LINE DT NIL.. EXT.P6: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 26221/2011 DT.3.10.2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 28923 of 2011 ------------------------------- Dated this the 31st day of October, 2011 J U D G M E N T The petitioner who is the owner of a parcel of land approximately 1.64 cents in extent situated in R.S.No.42 of Eruvessi amsom, Thaliparambu Taluk of Kannur District has filed this writ petition challenging the proposal to draw 110 KV line through and across the said parcel of land. 2. Shorn of details, the objection raised by the petitioner is as regards the route through which 110 KV line is proposed to be drawn, which as held by a Full Bench of this Court in Bharat Plywood & Timber Products Pvt. Ltd. v. Kerala State Electricity Board (1970 KLT 872) has to be resolved by the District Magistrate in terms of section 16 of the Indian Telegraph Act. In that decision, a Full Bench of this Court held that if any tangible form of objection to the drawing of electricity line is raised, the Board should move the District Magistrate under section 16 of the Indian Telegraph Act and obtain his permission before proceeding to draw the line. Such being the situation, if the Board proposes to draw the line through the route now proposed, the Board should move the Additional District Magistrate and seek his permission invoking his power under section W.P.(C) No.28923 of 2011 2 16 of the Indian Telegraph Act. I accordingly dispose of the writ petition with a direction to the Board to seek the permission of the Additional District Magistrate under section 16 of the Indian Telegraph Act, 1885 if it proposes to draw the line through any portion of the land belonging to the petitioner described in Ext.P1 sale deed. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 28923 of 2011 JUDGMENT Dated:- 31st October, 2011 --------------------------------------