IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26221 of 2011(C) -------------------------- PETITIONER(S): --------------- FR.ANTONY PIUS EDEZHATH, S/O.GEORGE, MANAGER, PUTHUKAD ESTATE, ROMAN CATHOLIC DIOCESE OF KANNUR, CHUNDAKUNNU.P.O., CHEMPERI (VIA), ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 695001. 2. ASSISTANT ENGINEER, TRANSMISSION CONSTRUCTION SECTION, KERALA STATE ELECTRICITY BOARD, CHEMPERI.P.O., KANNUR DISTRICT.670 643. 3. EXECUTIVE ENGINEER, TRANSMISSION DIVISION, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, P.O., KANNUR-670 002. BY SRI.K.M.SATHYANATHA MENON, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 26221/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE APPOITNMENT ORDER ISSUED BY BISHOP OF KANNUR DATED 24-4-2008. EXHIBIT P2- TRUE COPY OF THE PURCHASE CERTIFICATE NO.8257/1977 ISSUED TO ROMAN CATHOLIC DIOCESE OF CALICUT. EXHIBIT P3- TRUE COPY OF THE PURCHASE CERTIFICATE NO.8284/1977 ISSUED TO ROMAN CATHOLIC DIOCESE OF CALICUT. EXHIBIT P4- TRUE COPY OF THE IST PLAN OF PROPOSED 110 K.V.LINE AND THE REPORT OF 2ND RESPONDENT DATED 23-9-2010. EXHIBIT P5- TRUE COPY OF THE 2ND PLAN OF PROPOSED 110 K.V.LINE AND THE REPORT OF 2nd RESPONDENT DATED 12-1-2011. EXHIBIT P6- TRUE COPY OF THE 3RD PLAN OF PROPOSED 110 K.V.LINE AND THE REPORT OF RESPONDENTS DATED (NIL) EXHIBIT P7- TRUE COPY OF THE LETTER ISSUED BY 3RD RESPONDENT TO DEPUTY CHIEF ENGINEER DATED 26-4-2011. RESPONDENTS' EXHIBITS: NIL /True Copy/ PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26221 OF 2011 -------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T The proposal mooted by the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) to draw a 110 KV line from Sreekandapuram to Chemperi is under challenge in this writ petition. It is contended that the line can be drawn through an alternate route and if the present proposal is implemented, the Roman Catholic Diocese of Kannur which owns an estate will be seriously prejudiced. 2. From a reading of the writ petition it is evident that the objection is as regards the route through which 110 KV line from Sreekandapuram to Chemperi is proposed to be drawn. A Full Bench of this Court has in Bharat Plywood & Timber Products Pvt. Ltd v. Kerala State Electricity Board (1970 KLT 872) held that if any tangible form of objection to the drawing of electricity line is raised, the Board should move the District Magistrate under section 16 WPC No.26221/2011 2 of the Indian Telegraph Act and obtain his permission before proceeding to draw the line. It is evident from the writ petition that the Roman Catholic Diocese of Kannur has objection to the present proposal. Such being the situation, if the Board proposes to draw the line through the route now proposed, the Board should move the Additional District Magistrate and seek his permission invoking his power under section 16 of the Indian Telegraph Act. I accordingly dispose of the writ petition with a direction to the Board to seek the permission of the Additional District Magistrate under section 16 of the Indian Telegraph Act, if it proposes to draw the line through any portion of the land belonging to the Puthukkad Estate owned by the Roman Catholic Diocese of Kannur. P.N.RAVINDRAN, (JUDGE) vps