IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 13981 of 2011(W) -------------------------- PETITIONER(S): --------------- P.K. ABDUL REHMAN, AGED 45 YEARS, S/O. KAREEM RAWTHER, RAMEENA MANZIL, PALLAM, KAMBRATHU CHALLA, MUTHALAMADA.P.O, PALAKKAD - 678 507. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. POWER GRID CORPORATION OF INDIA LTD., PALAKKAD 49, BHASKARA, SHANTHI COLONY, CHANDRA NAGAR, PALAKKAD. 2. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD., PALAKKAD, 49, BHASKARA, SHANTHI COLONY, CHANDRA NAGAR, PALAKKAD. 3. THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD. BY ADV. SRI.MILLU DANDAPANI FOR R1,2 BY GOVT. PLEADER SRI. BASANT BALAJI (R3) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.13981 of 2011 ------------------------------- Dated this the 31st day of May, 2011 J U D G M E N T Aggrieved by the steps taken by respondents 1 and 2 to draw electricity line across the properties belonging to the petitioner, the petitioner has filed Ext.P3 representation before the second respondent objection to the said proposal. This writ petition is filed seeking a direction to the second respondent to refrain from drawing electricity line through the properties of the petitioner. In the alternative, the petitioner has also prayed for an order directing the second respondent to refer Ext.P3 objection to the 3rd respondent. 2. A Full Bench of this Court has in Bharat Plywood & Timber Products 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.P3 that the petitioner has objected to the drawing of electricity line through his 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 proposal in Ext.P2. W.P.(C) No.13981/2011 2 I accordingly dispose of the writ petition with a direction to respondents 1 and 2 to move the third respondent District Magistrate under section 16 of the Indian Telegraph Act and seek appropriate orders before implementing the proposal in Ext.P2. The 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.