IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 19731 of 2009(J) -------------------------- PETITIONER(S): --------------- KUNHIMOHAMMED,AGED 77 YEARS, S/O.MOIDU HAJEE,POKKATTAYIL HOUSE, TANALUR-P.O.,MALAPPURAM DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE SRI.P.VENUGOPAL RESPONDENT(S): --------------- 1. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, TANALUR,MALAPPURAM DISTRICT. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TIRUR,MALAPPURAM DISTRICT. 3. THE TANALUR GRAMA PANCHAYAT, REP.BY ITS SECRETARY,THANALUR, MALAPPURAM DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19731 of 2009 --------------------------------- Dated, this the 17th day of July, 2009 J U D G M E N T Since the 3rd respondent is only a formal party, in the nature of the order that is proposed to be passed, it is not necessary to issue notice. 2. Grievance of the petitioner is that the respondents are proposing to install a transformer in the property belonging to him, which is situated in between a public road and the compound wall of his property. It is stated that despite having raised objections, steps are being continued without moving the District Magistrate as required under Section 16 of the Indian Telegraph Act. 3. The learned standing counsel appearing for respondents 1 & 2 confirms the proposal to install a transformer and also has no case that any order has been obtained from the District Magistrate as provided under Section 16 the Indian Telegraph Act. Evidently, the case of the petitioner is that the property, where the transformer is proposed to be located, belongs to him. If that be so, in view of WP(C) No.19731/2009 -2- the objection that is raised, it is incumbent on the part of respondents 1 & 2 to have moved the District Magistrate, that has not been done so far. 4. In view of this, this writ petition is disposed of directing that respondents 1 & 2 shall not install the transformer in the land belonging to the petitioner covered by Exts.P1 & P2, unless an order has been obtained from the District Magistrate as provided under Section 16 the Indian Telegraph Act. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg