IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 713 of 2011(L) ------------------------ PETITIONER(S): --------------- RIJULA, W/O.SHAJ, AGED 40 YEARS, NEDUNGODE HOUSE, CHERAMANGALAM P.O., PALAKKAD. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): --------------- 1. POWER GRID CORPORATION OF INDIA LIMITED, (A GOVT. OF INDIA ENTERPRISE) PALAKKAD CAO, A-9 'BHASKARA' SHANTHI COLONY, CHANDRANAGAR, PALAKKAD-678007. 2. THE JUNIOR ENGINEER (TLC), POWER GRID CORPORATION OF INDIA LIMITED, PALAKKAD CAD, A-9 BHASKARA' SHANTHI COLONY, CHANDRANAGAR, PALAKKAD-678007. ADDL.3. THE DISTRICT MAGISTRATE CIVIL STATION, PALAKKAD – 678 001. (IMPLEADED AS ADDL. R3 AS PER ORDER DATED 12.1.2011 IN IA.NO.417 OF 2011) BY ADV. MS.MILLU DANDAPANI (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.713 of 2011 ------------------------------- Dated this the 12th day of January, 2011 J U D G M E N T The petitioner owns a parcel of land situated in Survey No.561/2 of Pattancherry Village, Chittur Taluk, Palakkad District. Aggrieved by the proposal of respondents 1 and 2 to draw a 400 KV electricity line through the petitioner's lands, she has filed Ext.P2 representation before the second respondent objecting to the said proposal. In this writ petition, the petitioner challenges Ext.P1 notice issued by respondents 1 and 2 whereby they informed her of the proposal to draw the 400 KV electricity line from Chlliyar to Palakkad through her property. A Full Bench of this Court has in Bharat Plywood & Timber Products Pvt. Ltd. v. Kerala State Electricity Board (1970 KLT 872 (FB) held that any tangible form of objection to the drawing of electricity line is raised, the licencee exercising the powers under the Indian Telegraph Act will have to move the District Magistrate under section 16 of the Indian Telegraph Act for permission to draw the line. It is evident from Ext.P2 that the petitioner has objected to the drawing of electricity line through her property. In such circumstances, I am of the opinion that respondents 1 and 2 should move the District Magistrate under section 16 of the Indian Telegraph Act and seek appropriate orders to implement the W.P.(C) No.713 of 2011 2 proposal in Ext.P1. I accordingly dispose of the writ petition with a direction to respondents 1 and 2 to move the additional third respondent under section 16 of the Indian Telegraph Act and seek appropriate orders before implementing the proposal in Ext.P1. The additional third respondent shall afford the petitioner and respondents 1 and 2 a reasonable opportunity of being heard and shall pass final orders on the application submitted by respondents 1 and 2 expeditiously and in any event within one month from the date of receipt of the application. P.N. RAVINDRAN, JUDGE. nj.