IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29918 of 2011(L) ------------------------------------ PETITIONERS: - ----------------------- 1. SEBASTIAN, S/O.JOSEPH, AGED 48 YEARS, KUZHIMAKKAL HOUSE, CHEMBERI POST, ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. JAMES KAVANADIYIL, S/O.CHACKO, AGED 46 YEARS, KUZHIMAKKAL HOUSE, CHEMBERI POST, ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. BIBIN KURIAN, S/O.KURIAN, AGED 34 YEARS, KARIKKATTU KANNIYEL HOUSE, CHUNDAKUNNU POST, ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. MANOJ KURIAN, S/O.KURIAN, AGED 37 YEARS, KARIKKATTU KANNIYEL HOUSE, CHUNDAKUNNU POST, ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. VIJI MANNAPARAMBIL, W/O.VINOD, AGED 37 YEARS, MANNAMKUNDU POST, NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 6. PULIYURUMBIL MATHEW, S/O.MATHEW, AGED 72 YEARS, KARIKKATTU KANNIYEL HOUSE, CHEMBERI POST, ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 7. NELLIKKATHADATHIL BIJU JOSEPH, S/O.JOSEPH, AGED 34 YEARS, KARIKKATTU KANNIYEL HOUSE, CHEMBERI POST, ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH SRI.J.ABHILASH WP(C).No. 29918 of 2011(L) RESPONDENTS : - ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUT BHAVAN, PATTAM POST, THIRUVANANTHAPURAM-695001. 2. THE ASSISTANT ENGINEER, TRANSMISSION CONSTRUCTION SECTION, KERALA STATE ELECTRICITY BOARD, CHEMBERI POST, ERUVESSI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670643. 3. EXECUTIVE ENGINEER, TRANSMISSION DIVISION, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, KANNUR- 670002. R1 TO R3 BY ADV. SRI.K.M.SATHYANATHA MENON, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29918 of 2011(L) APPENDIX PETITIONERS' EXHIBITS: EXT P1 : COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF THE 1st PETITIONER DATED 18.05.2010. EXT P2 : COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF THE 2nd PETITIONER DATED 11.07.2011. EXT P3 : COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF THE 3rd PETITIONER DATED 16.05.2011. EXT P4 : COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF THE 4th PETITIONER DATED 04.10.2010. EXT P5 : COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF THE 5th PETITIONER DATED 06.07.2011. EXT P6 : COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF THE 6th PETITIONER DATED 30.04.2003. EXT P7 : COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF THE 7th PETITIONER DATED 03.09.2011. EXT P8 : COPY OF THE FIRST PLAN OF PROPOSED 110 KV LINE DATED 23.09.2010. EXT P9 : COPY OF THE SECOND PLAN OF PROPOSED 110 KV LINE DATED 12.1.2011. EXT P10 : COPY OF THE THIRD PLAN OF PROPOSED 110 KV LINE DATED NIL. EXT P11 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P (c) NO. 26221/ 2011 DATED 03.10.2011. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 29918 of 2011 ----------------------------------------------- Dated this the 10th day of November, 2011 JUDGMENT The petitioners who own different parcels of lands in Thaliparamba Taluk, Kannur district have filed this writ petition aggrieved by the proposal of the respondents to draw an electricity line through their properties. 2. 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 an electricity line is raised, the Board should move the District Magistrate under section 16 of the Indian Telegraph Act and obtain his permission before proceeding to draw the line. It is evident from the writ petition that the petitioners have objection to the proposal of the Board to draw an electricity line through their properties. Such being the situation if the Board proposes to draw an electricity line through the lands belonging to the petitioners, the Board should move the Additional District Magistrate and seek his permission invoking his power under section 16 of the Indian Telegraph Act, 1885. WP(C)No. 29918 of 2011 -2- I accordingly dispose of the writ petition with a direction to the Kerala State Electricity Board to seek the permission of the Additional District Magistrate under section 16 of the Indian Telegraph Act, 1885 if it proposes to draw an electricity line through any portion of the land belonging to the petitioners. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge