IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 28004 of 2011(A) ---------------------------------- PETITIONER(S): -------------------- 1. SWAMINATHAN,S/O.GOVINDA MANNADIYAR, PUTHEN HOUSE,PUTHUSSERRY VILAYODI PO, PIN 678 004,PALAKKAD DISTRICT. 2. GOPINATHAN,S/O.SWAMINATHAN, PUTHEN HOUSE,PUTHUSSERRY VILAYODI PO, PIN 678 004,PALAKKAD DISTRICT. BY ADVS. SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H. SMT.P.B.WAHIDA SMT.C.SEENA RESPONDENT(S): --------------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD,PIN 678 007. 2. POWER GRID CORPORATION OF INDIA LTD.,PALAKKAD CAO,A9,BHASKARA,SHANTHI COLONY, CHANDRA NAGAR,PALAKKAD,PIN 678 007. 3. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD., PALAKKAD CAO, A9,BHASKARA , SHANTHI COLONY, CHANDRA NAGAR, PALAKKAD,PIN 678 007. R1 BY GOVT. PLEADER SRI.G.GOPAKUMAR R2 & R3 BY ADV. SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.28004/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TITLE DEED OF THE PROPERTY OWNED BY PETITIONERS P2: COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. P3: COPY OF THE LETTER DATED 22/03/2011 ISSUED BY THE 3RD RESPONDENT. P4: COPY OF THE OBJECTION DATED 14/10/2011 FILED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28004 of 2011 ----------------------------------------- Dated this the 21st day of October, 2011 JUDGMENT Aggrieved by the proposal of respondents 2 and 3 to draw an electricity line through their properties the petitioners have submitted Exts.P2 and P4 representations before the officers of the second respondent objecting to the said proposal. In this writ petition the petitioners seek to restrain respondents 2 and 3 from drawing the electricity line through their property till the dispute raised by them is resolved by the Additional District Magistrate under the provisions of the Indian Telegraph Act, 1885. 2. A Full Bench of this Court has in Bharat Plywood and Timber Products Pvt. Ltd. v. KSEB, 1970 KLT 892 held that when any tangible form of objection to the drawing of electricity line is raised, the Electricity Board is bound to seek the permission of the District Magistrate in terms of section 16 of the Indian Telegraph Act, 1885 before proceeding to draw the line. Applying the same principle, as the petitioners have objected to the proposal of respondents 2 and 3 to draw an electricity line through W.P(C).No.28004 of 2011 -:2:- their lands, I am of the opinion that respondents 2 and 3 should move the Additional District Magistrate for such permission before proceeding to draw the line. In such circumstances I dispose of the writ petition with a direction to respondents 2 and 3 to move the Additional District Magistrate and obtain his permission before drawing the electricity line through the land belonging to the petitioners. The Additional District Magistrate shall, in the event of respondents 2 and 3 moving him for permission under section 16 of the Indian Telegraph Act, 1885, take a final decision in the matter expeditiously and in any event within one month from the date of the application. Till then, the status quo as on today shall be maintained. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28004 of 2011 ---------------------------- JUDGMENT 21st October, 2011