IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 11380 of 2011(V) -------------------------- PETITIONER: ------------------ CHAKRAPANI, AGED 76 YEARS, S/O. VAVA, RESIDING AT RIVERVIEW, THONNALLOORKARA, VELLOOR VILLAGE, VAIKOM TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN-695 001. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICALSECTION, THALAYOLAPARAMBU, PIN-686 305. *3. PURUSHOTHAMAN P.K., S/O KUMARAN NAIR AGED 54 YEARS, PANCHAMIYIL HOUSE, THONNALLUR, MEVALLUR PO, KOTTAYAM DISTRICT. *4. RADHAKRISHNAN, S/O.KRISHNAPILLAI AGED 58 YEARS, THAYYIL HOUSE THONNALLUR, MEVALLUR PO, KOTTAYAM DISTRICT. *5. SANAL K.THOMAS, S/O.THOMAS, KUZHIKKATTIL HOUSE THAYYIL HOUSE, THONNALLUR, MEVALLUR PO, KOTTAYAM DISTRICT. *(ADDL. RESPONDENTS 3 TO 5 ARE IMPLEADED AS PER ORDER DATED 8.8.2011 IN I.A.NO.10225/2011) BY SRI.K.M.SATHYANATHA MENON, SC FOR KSEB ADV. SRI.BABU JOSEPH KURUVATHAZHA FOR ADDL.R3-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 11380/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REQUEST DATED 6.4.2011 TO THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 11380 OF 2011 -------------------------- Dated this the 8th day of August, 2011 J U D G M E N T The prayer in this writ petition is for an order directing the second respondent not to instal any electricity post in the property of the petitioner or draw electricity line through the said property. From a reading of the writ petition, it is evident that the petitioner has objected to the drawing of electricity line across his property for the purpose of providing electricity connection to the neighbouring residences. Ext.P1 is one such objection. As held by this Court in Bharat Plywood and Timber Products Private Ltd. v. KSEB (1970 KHC 160) when any tangible form of objection is raised to the drawing of electricity line the Kerala State Electricity Board has to move the District Magistrate under section 16 of the Indian Telegraph act and seek the permission of the District Magistrate for exercising the powers of the telegraph authority. Such being the situation, as the petitioner has already filed Ext.P1 objection before the second respondent objecting to the line being drawn through his property and has also chosen to invoke the jurisdiction of this Court under Article 226 of the Constitution of India wherein also he has WPC No.11380/2011 2 objected to the line being drawn, I am of the opinion that the respondents can draw the electricity line through the petitioner’s property only with the permission of the District Magistrate. I accordingly dispose of the writ petition with a direction to the respondents to move the District Magistrate under section 16 of the Indian Telegraph Act and obtain his permission before drawing the line across the lands belonging to the petitioner. P.N.RAVINDRAN, (JUDGE) vps