IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15737 of 2009(J) --------------------------------- PETITIONER(S): ------------------ C.A.KURIAN, AGED 71 YEARS, S/O.LATE C.C.ABRAHAM, CHATHANKERIL HOUSE, PADINJATTUM MURI, KIZHAKKUMBHAGHOM P.O. NIRANAM, NIRANAM VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.P.HARIDAS RESPONDENT(S): -------------------- 1. K.S.E.B. REPRESENTED BY SECRETARY, VYTHUDHI BHAVAN, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, DISTRICT MAGISTRATE, PATHANAMTHITTA. 3. THE DEPUTY COLLECTOR (GENERAL) PATHANAMTHITTA. 4. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B. ELECTRICAL SUB DIVISION, MANIPUZHA, THIRUVALLA. 5. THE ASSISTANT ENGINEER, K.S.E.B.KADAPRA, NIRANAM P.O. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1, 4 & 5 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 15737 OF 2009 (J) ===================== Dated this the 8th day of June, 2009 J U D G M E N T The grievance of the petitioner is that respondents 3, 4 and 5 are proceeding to draw an 11 KV line cutting across his property. It is stated that although he has obtained a judgment and decree from the Civil Court, respondents have moved the 2nd respondent invoking his power under the Telegraph Act for permitting them to draw the line. It is stated that in pursuance thereof, petitioner was issued Ext.P4 notice calling upon him to file his objections and that he filed Ext.P8 objections. In this writ petition, what the petitioner complains is that the 2nd respondent is likely to grant permission ignoring Ext.P8 objections and that the respondents will draw the line immediately thereafter. 2. On the materials produced, I have no reason to think that the 2nd respondent who is to exercise his powers under the Indian Telegraph Act will ignore the objections filed by the petitioner and blindly pass orders in favour of respondent Nos. 4 and 5. Being a statutory authority, the 2nd respondent is bound to WPC 15737/09 :2 : consider the objections and pass the order. Therefore, I am not prepared to accept the case of the petitioner as pleaded in this writ petition. Once order is passed, it will be open to the petitioner to pursue his remedies, if he is aggrieved by the said order. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp