IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 18558 of 2008(H) -------------------------- PETITIONERS: -------------------- 1. ABDUL LATHEEF THONDIKKADAN 59, S/O.KUNHIMOIDEEN, THATTASSERIMADU HOUSE NEEROLPALAM, THENHIPALAM PO., PIN-673636 2. AYISHABEEVI NAMBANKUNNATH, 62 YEARS, W/O.ABOOBACKER, METHALAYIL VEEDU, NEEROLPALAM, THENHIPALAM PO., PIN-673 636 3. KHADEEJA MAMMILIPPATTU, W/O.ABDURAHIMAN BY ADV. SRI.E.NARAYANAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY DEPARTMENT OF ELECTRICITY, THIRUVANANTHAPURAM 2. KSEB, REP. BY THE CHIEF EXECUTIVE ENGINEER, CHELARI SECTION, CALICUT UNIVERSITY PO., PIN-673 635 3. MAMMILIPPATU POKKER AGED 54, METHALAYIL VEEDU, NEEROLPALAM, THENHIPALAM PO., PIN-673 636 R1 BY GOVT. PLEADER SRI. VINOD CHANDRAN. R2 BY SC SRI. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 18558 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of June, 2008 JUDGMENT Petitioners have approached this court feeling aggrieved by the attempt of the second respondent to draw electric line across the properties of the petitioners for giving connection to the third respondent. 2. Heard learned counsel for the second respondent also. 3. Undoubtedly Section 16 of the Telegraph Act provides that if there is resistance by a person, the matter has to be adjudicated by the concerned Magistrate, and only if the Magistrate grants permission, the line can be drawn. The second respondent is bound by law to seek permission from the Magistrate, if there is any objection. Learned counsel for the petitioners submits that the line has not been drawn. In such circumstances the writ petition is disposed of as follows: If the electric line has not been drawn across the properties of the petitioners for giving connection to the third respondent, the second respondent will seek permission from the concerned Magistrate under Section 16 of the Indian Telegraph Act and only upon permission being granted the line can be drawn across the properties of the petitioners. (K.M. JOSEPH, JUDGE) sb