IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 12746 of 2009(K) ---------------------------------------- PETITIONER: ------------------ JOHNY K.J., AGED 47, S/O.LATE K.L.JOSEPH, KURUTHUKULANGARA HOUSE, OPPOSITE SERVICE CO-OPERATIVE BANK, P.O.VALAPPAD, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------------------ 1. THE ADDL.DISTRICT MAGISTRATE, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. THE EXECUTIVE ENGINEER, KSEB, THRIPRAYAR, THRISSUR DISTRICT. 3. THE ASSISTANT ENGINEER, KSEB, VALAPPAD, EDAMUTTOM, THRISSUR DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2&R3 SRI. M. P. SREEKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J ----------------------------------- W.P(C) No. 12746 OF 2009 --------------------------------- Dated this the 5th day of May, 2009 JUDGMENT The grievance of the petitioner is that the respondents are attempting to draw electric lines over the properties of the petitioner without referring his objection to the 1st respondent who is the statutory authority under Section 16 of the Indian Telegraph Act for adjudication. The learned Standing Counsel for KSEB submits that there is absolutely no objection for the Board to refer the matter to the 1st respondent for adjudication under the relevant provisions of law. 2. Considering the facts and circumstances of the case, the respondents 2 and 3 are directed to refer the matter to the 1st respondent for adjudication. It is made clear that till the matter is finalised as stated above, the decision to draw the electric line over the property of the petitioner shall be kept in abeyance. The matter shall be finalised within one month from the date of receipt of a copy of the judgment. The W.P(C) is disposed of accordingly. P.R. RAMACHANDRA MENON JUDGE vkm