IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 22675 of 2008(Y) -------------------------- PETITIONER: ----------------- A.J.VARGHESE, AGED 55 YEARS, S/O.LATE.A.U.JOSEPH, AUTOKKARAN HOUSE, EASTERN BAZAR, TRICHUR. BY ADV. SRI.G.D.PANICKER RESPONDENTS: --------------------- 1. THE ADDITIONAL DIST.MAGISTRATE, TRICHUR COLLECTORATE, TRICHUR. 2. CORPORATION OF TRICHUR, REP.BY SECRETARY TRICHUR CORPORATION, TRICHUR. 3. THE ASSISTANT EXECUTIVE ENGINEER, (ELECTRIC DIVISION), TRICHUR CORPORATION, TRICHUR. 4. THE GENERAL MANAGER TELECOM, BSNL, TRICHUR. R1 BY GOVT. PLEADER SRI. BEJOY CHANDRAN R2 BY SC ADV.SRI.K.B. MOHANDAS R3 BY SC SRI. P.P. THAJUDEEN BY ADV. SRI.V.R.KESAVAKAIMAL, SC, BSNL FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.22675 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 JUDGMENT Petitioner seeks the following reliefs: “i) Direct the first respondent not to permit drawing of the 11 K.V. Lines over the pathway. ii) Direct the 2nd and 3rd respondents to consider drawing of the lines through underground.” It is not in dispute that the matter is pending consideration before the first respondent. It is submitted on behalf of respondents 2 to 4 that the line cannot be drawn except after getting permission from the first respondent. Petitioner apprehends that the line will be drawn immediately after the order being passed by the first respondent. In such circumstances, the writ petition is disposed of as follows: The line can be drawn across the property of the petitioner only if permission is granted by the first respondent in proceedings under Section 16 of the Electricity Act. If permission is granted by the first respondent, in order to facilitate the petitioner to challenge the same, the order will not be implemented for a period of one week from the date of the order. (K.M. JOSEPH, JUDGE) sb