IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 4650 of 2011(E) ------------------------- PETITIONER(S): --------------- 1. UTHUPPAN, AGED 68 YEARS, S/O. LATE PACHI, PUTHIADATHSSERI HOUSE, PARIPPU P.O., AYAMANAM, KOTTAYAM-686 024. 2. CYRIAC VELLIYAN, VELLIYAN HOUSE, PARIPPU, AYAMANAM, KOTTAYAM-686 024. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICITY DIVISION, KERALA ELECTRICITY BOARD, GANDHINAGAR, KOTTAYAM-686 024. 2. THE ASSISTANT ENGINEER, KERALA ELECTRICITY BOARD, ELECTRICITY OFFICE, AYAMANAM, OPP. PANCHAYAT OFFICE, AYAMANAM, KOTTAYAM-686 024. 3. KRISHNAN, PARIPARATH HOUSE, AYAMANAM, KOTTAYAM-686 024. BY SRI.P.P.THAJUDEEN, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.4650 of 2011 ------------------------------- Dated this the 22nd day of February, 2011 J U D G M E N T The petitioners own lands in Aiyamanam Village. They have filed this writ petition for an order restraining respondents 1 and 2 from drawing electricity line along the pathway leading to the lands belonging to the them for the purpose of providing electricity connection to the residence of the third respondent, except after complying with the procedure stipulated in section 16 of the Telegraph Act. The petitioners allege that if electricity line is drawn through the pathway which is only one foot wide, it will cause serious prejudice to them. 2. When the writ petition came up for admission-hearing on 14.2.2011, the learned standing counsel appearing for the Board was directed to get instructions. Today, when the writ petition came for further hearing, the learned standing counsel submitted on instructions that till date, the petitioners have not objected in writing to the proposal to draw electricity line through the pathway and that in view of the objection now raised by filing this writ petition, the Board will have to move the District Magistrate in terms of section 16 of the Indian Telegraph Act and seek appropriate orders. W.P.(C) No.4650 of 2011 2 In the light of the said submission, I dispose of the writ petition with a direction to respondents 1 and 2 to move the District Magistrate in terms of section 16 of the Indian Telegraph Act before proceeding to provide electricity connection to the residence of the third respondent. The District Magistrate shall upon being moved in that regard issue notice to the petitioners, the third respondent and other persons who would be likely to be affected by the drawing of the line, afford them an opportunity of being heard and pass orders expeditiously and in any event within two months from the date on which the Board moves the Additional District Magistrate. P.N. RAVINDRAN, JUDGE. nj.