IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21885 of 2011(I) -------------------------- PETITIONER(S): --------------- L.RAJENDRAN, AGED 36 YEARS, S/O. LAKSHMANAN, CHERUBALAKALAM, KENAMPULLY, NALLEPULLY, PALAKKAD. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER RESPONDENT(S): --------------- 1. POWER GRID CORPORATION OF INDIA LTD., PALAKKAD CAO, A9, BHASKARA, SANTHI COLONY, CHANDRANAGAR, PALAKKAD-678 007, KERALA, REPRESENTED BY ITS CHIEF MANAGER. 2. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD., PALAKKAD CAO, A9, BHASKARA, SANTHI COLONY, CHANDRANAGAR, PALAKKAD-678 007, KERALA. 3. THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD. R1 & R1 BY ADV.SRI.MILLU DANDAPANI R3 BY GOVERNMENT PLEADER SRI.S.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, ALONG WITH W.P(C)NO.21899/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.21885/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO.633/2002 DATED 17.4.2002 OF S.R.O., KOLLAMKODE EXT.P2. TRUE COPY OF THE OBJECTION DATED 3.8.2011 FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER. EXT.P3. TRUE COPY OF THE JUDGMENT DATED 15.3.2011 IN W.P(C)NO.8043/2011 OF THIS HON'BLE COURT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.21885 & 21899 of 2011 ----------------------------------------- Dated this the 11th August, 2011 JUDGMENT The petitioners in these writ petitions own lands situated in Muthalamada Village, Chittoor Taluk, Palakkad District. On coming to know that respondents 1 and 2 are taking steps to draw a high tension electricity line through their lands, the petitioners have filed objections in writing before the second respondent objecting to the proposal to draw electricity lines across their lands and have also requested the second respondent to move the District Magistrate under the provisions of the Indian Telegraph Act before proceeding in the matter. These writ petitions are filed seeking an order restraining respondents 1 and 2 from drawing the electricity line through the lands belonging to the petitioners. In the alternative the petitioners pray for a direction to respondents 1 and 2 to refrain from drawing the electricity line otherwise than after obtaining permission of the District Magistrate under section 16 of the Indian Telegraph Act, 1885. 2. Ext.P2 produced in W.P.(C).No.21885 of 2011 and Ext.P3 W.P(C).Nos.21885 & 21899 of 2011 -:2:- to P5 in W.P.(C).No.21899 of 2011 indicate that the petitioners have objected to the drawing of electricity line by respondents 1 and 2 through their lands. A Full Bench of this Court has in Bharat Plywood & Timber Products Private Limited v. Kerala State Electricity Board, 1970 KLT 872 held that when the telegraph authority is obstructed from drawing the line, the telegraph authority is bound to move the District Magistrate in terms of section 16 of the Indian Telegraph Act, 1885 before exercising the power of the telegraph authority and that when any tangible form of objection is raised, the telegraph authority is bound to move the District Magistrate for such permission. In such circumstances as the petitioners have objected to the line being drawn across their lands, I am of the opinion that without the permission of the District Magistrate respondents 1 and 2 cannot draw electricity line through the petitioners' lands. I accordingly dispose of the writ petitions with a direction to respondents 1 and 2 to move the District Magistrate under section 16 of the Indian Telegraph Act, 1885 and obtain his permission before proceeding to draw electricity line through the petitioners' lands. In the event of respondents 1 and 2 moving the District Magistrate for permission under section 16 of the Indian W.P(C).Nos.21885 & 21899 of 2011 -:3:- Telegraph Act, 1885, the District Magistrate shall pass expeditious orders thereon after notice to the petitioners, respondents 1 and 2 and any other person or persons who will be affected by the drawing of the line, an opportunity of being heard, within one month from the date of receipt of the application for permission. The contentions of both sides touching upon the merits of the case are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.21885 and 21899 of 2011 ---------------------------- JUDGMENT 11th August, 2011