IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3291 of 2009(P) ------------------------- PETITIONER(S): ---------------------- DR.SHAJU.A.ANTONY, 47 YEARS S/O.ANTONY AYNIKKAL HOUSE, KUNDOOR, MALA, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ----------------------- 1. ADDL.DISTRICT MAGISTRATE, COLLECTORATE AYYANTHOLE, THRISSUR. 2. ASST.ENGINEER, KSEB, KUZHOOR, THRISSUR 3. ASST.EXECUTIVE ENGINEER, KSEB, THRISSUR. 4. EXECUTIVE ENGINEER, CHALAKKUDY, THRISSUR 5. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER SRI. BEJOY CHANDAN. R2 TO R5 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 3291 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2009 JUDGMENT The case of the petitioner in brief is as follows: Petitioner owns about eight acres. There is a high tension line (11 KV) on the opposite side of the property. The respondents are proposing to shift the same and draw the same touching the property of the petitioner. Upon coming to know, the petitioner preferred Ext.P1 before the second respondent, Ext.P2 before the third respondent and Ext.P3 before the fourth respondent. 2. I heard learned counsel for the petitioner, learned Standing Counsel and the learned Government Pleader. 3. If there is a proposal to draw the line over the property of the petitioner, in view of the fact that the petitioner appears to have resistance to the same, the same can be done only after referring the matter to the concerned Magistrate and obtaining his permission under Section 16 of the Indian Telegraph Act. This should not be understood as meaning that if the proposal is to draw the line over the public road, such a reference is necessary. WPC.3291/2009. 2 The writ petition is disposed of as above. (K.M. JOSEPH, JUDGE) sb