IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 21330 of 2009(I) -------------------------- PETITIONERS: --------------- 1. MANOJ KUMAR, S/O.KESAVAN ILAYATHU, KADAMBANATH ILLAM, VENGOLA KARA, VALAYANCHIRANGARA P.O., ERNAKULAM DISTRICT 683 556 2. VALSALAN K.K., S/O.LATE KURIAKOSE, KILITHATTIL HOUSE, VENGOLAKARA, VALAYANCHIRANGARA PO, ERNAKULAM DISTRICT 683 556. 3. P.G.SUKUMARAN, S/O LATE GOVINDAN, PALATHANATHU, VENGOLA KARA, VALAYANCHIRANGARA PO, ERNAKULAM DISTRICT 683 556. BY ADV. SRI.THOMAS ANTONY SRI.TITUS MANI RESPONDENT: --------------- POWER GRID CORPORATION LTD., REPRESENTED BY ITS C.A.O., CONSTRUCTION AREA OFFICE, "CHANDINI", PLOT NO.190-B, MAVELIPURAM COLONY, KAKKANADU, KOCHI. ADV. SRI.MILLU DANDAPANI FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I N D E X RESPONDENT'S EXHIBITS EXT.R1(a): PHOTOCOPY OF FIR LODGED BY THE RESPONDENT ON 27.7.09, REFERRED TO IN THE COUNTER AFFIDAVIT. rtr/ /TRUE COPY/ P.A to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 21330 OF 2009 -------------------------- Dated this the 15th day of December, 2009 J U D G M E N T Heard Sri. Thomas Antony, the learned counsel appearing for the petitioners and Sri. Millu Dandapani, the learned standing counsel appearing for the respondent. 2. The petitioners own lands situated in Sy. Nos. 168/7, 168/4, 577/6A-1 and 413/10 of Vengola Village in Ernakulam district. This writ petition is filed to restrain the respondent, their officers and men from entering into their lands for the purpose of drawing high tension electric lines. The petitioners contend that no notice was served before the officers and men of the respondent entered their property . They also contend that the respondent is not a telegraph authority within the meaning of the Indian Telegraph Act, 1885. 3. The pleadings disclose that petitioners object to electricity line being drawn through their property. A Full Bench of this Court has in Bharat Plywood and Timber Products Private Ltd. v. Kerala State Electricity Board (1970 KLT 872) held that when any tangible objection is raised to electricity lines being drawn through the land of the objector, the telegraph authority should W.P.(C) No. 21330/09 2 approach the District Magistrate for necessary orders under Section 16(1) of the Telegraph Act. The respondent has produced Ext.R1(c) notification issued by the Government of India authorising the respondent to exercise the powers vested in the telegraph authority under Part III of the Indian Telegraph Act, 1885. Therefore it has necessarily to be held that respondent is a telegraph authority within the meaning of the Telegraph Act. In view of the principles laid down by the Full Bench of this Court, the very filing of this writ petition has to be treated as a tangible objection to the drawing of electric line through the petitioners' property. The respondent should therefore move the District Magistrate under Section 16(1) of the Telegraph Act 1885 which stipulates that if the exercise of the powers mentioned in Section 10 in respect of the property referred to in clause (d) of that Section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them. In the instant case the respondent has already submitted Ext.R1(b) petition dated 5.10.2009 before the District Magistrate and District Collector Ernakulam requesting that they may be permitted to go ahead with the casting of W.P.(C) No. 21330/09 3 the tower for drawing electricity lines. The District Magistrate will therefore have to issue notice to the petitioners, hear them and pass orders in accordance with law. I accordingly dispose of this writ petition with a direction to the District Magistrate/District Collector, Ernakulam to consider Ext.R1(b) petition and any other petitions or applications which the respondent may file, after notice to and affording the petitioners a reasonable opportunity of being heard. Final orders in the matter shall be passed within one month from the date on which the respondent produces a certified copy of this judgment before the District Magistrate/District Collector, Ernakulam. P.N.RAVINDRAN, JUDGE vps