IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 22411 of 2008(R) -------------------------- PETITIONER: ------------ K.M.SAROJINI AMMA, D/O.PARVATHI AMMA, KONTHALATH MADATHIL TENHIPALAM TIRURANGADI TALUK MALAPPURAM. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB SRI.MANJERI SUBIN SUNDER RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETATRY TO GOVERNMENT OF KERALA, MINISTRY FOR ELECTRICITY, TRIVANDRUM 2. ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, VELLIKKUNNU, MALAPPURAM. 3. ADDL.TAHSILDAR, TIRURANGADI THALUK OFFICE, TIRURANGADI, MALAPPURAM. 4. DISTRICT COLLECTOR, MASLAPPURAM, MALAPPURAM. 5. K.M.SIVADASAN NAIR, D/O.PARVATHI AMMA MADATHIL HOUSE, PO.TENHIPALAM, MALAPPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN FOR R1, 3, 4 ADV.SRI.P.P.THAJUDEEN, SC, KSEB FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 22411 OF 2008 R ```````````````````````````````````````````````````` Dated this the 31st day of July, 2008 J U D G M E N T Petitioner has approached this Court seeking a mandamus commanding respondents 1 to 4 to refrain from unduly favouring the 5th respondent to draw electric line through the property of the petitioner. Learned counsel for petitioner submits that the petitioner has not given any consent to draw electric line across her property for giving connection to the 5th respondent. Learned Government Pleader, on instructions, submits that no order as such has been passed under section 16 of the Indian Telegraph Act. Necessarily, unless permission is obtained under section 16 of the Act, line cannot be drawn across the petitioner's property in the light of the resistance of the petitioner and also that there is no consent given by her. In such circumstances, writ petition is disposed of directing that unless permission is obtained under section 16 of the Telegraph Act from the WPC.22411/08 : 2 : petitioner, line cannot be drawn across the property of the petitioner for giving connection to the 5th respondent. Before giving permission, the petitioner must be given an opportunity of being heard. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE