IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24736 of 2009(J) -------------------------- PETITIONER(S): ------------------ V.G.ARAVINDAKSHAN NAIR ,AGED 68 YEARS S/O.LAE VELAYUDHAN NAIR, PERUMKUDUKKAL HOUSE EZHUMATTOOR MURI, EZHUMATTOOR VILLAGE EZHUMATTOR PO, MALLAPPALLY THALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J. RESPONDENT(S): ------------------- 1. THE ASST ENGINEER KERALA STATE ELECTRICITY BOARD SECTION OFFICE, VAIPUR, MALLAPPALLY, PATHANAMTHITTA DISTRICT. 2. THE ASST EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD SUB DIVISION OFFICE,MALLAPPALLY, PATHANAMTHITTA DISTRICT. 3. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. 4. O.P.MOHANAN AGED ABOUT 41 YEARS S/O.PARAMESWARAN, OTTAPLAKKAL HOUSE, EZHUMATTOOR MURI, EZHUMATTOOR VILLAGE EZHUMATTOOR PO, MALLAPPALLY THALUK, PATHANAMTHITTA DISTRICT. SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 24736 OF 2009 (J) ===================== Dated this the 28th day of August, 2009 J U D G M E N T Heard the counsel for the petitioner and also the standing counsel appearing for respondents 1 to 3. 2. Petitioner submits that for supplying electricity to the premises of the 4th respondent, although he has filed his objections as per Exts.P2 and P4 before the 1st respondent, ignoring the same and even without obtaining orders from the Additional District Magistrate as contemplated under Section 16 of the Telegraph Act and Section 164 of the Electricity Act, line is proposed to be drawn. It is with this grievance the writ petition is filed. 3. Standing counsel appearing for the respondents 1 to 3 confirms that the above objections have been received and that the matter is being referred to the Additional District Magistrate for orders. 4. When obstruction is offered to the drawing of a line, necessarily, appropriate orders enabling the drawal of the line is to be obtained from the Additional District Magistrate. In this WPC 24736/09 :2 : case, it is confirmed that such orders have not been obtained. If that be so, as at present, line cannot be drawn. 5. Therefore now that objection has been received and the matter is being referred to the Additional District Magistrate as submitted by the standing counsel, the writ petition itself is disposed of directing that unless orders are obtained from the Additional District Magistrate, respondents 1 to 3 shall not draw the line through the property of the petitioner. Petitioner to produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp