IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23869 of 2011(G) -------------------------- PETITIONER(S): --------------- THANKAMANI, W/O.LATE VELAYUDHAN, KADENKURISSI, MUTHALAMADA P.O., PALAKKAD. BY ADV. SRI.P.P.THAJUDEEN SMT.C.SEENA SRI.MANSOOR.B.H. SMT.P.B.WAHIDA RESPONDENT(S): --------------- 1. POWER GRID CORPORATION OF INDIA LTD., BHASKARA, SANTHI COLONY, CHANDRANAGAR, PALAKKAD, PIN-678 007. 2. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD., BHASKARA, SANTHI COLONY, CHANDRANAGAR, PALAKKAD, PIN-678 007. 3. THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, PALAKKAD, PIN-678 007. R3 BY GOVT.PLEADER SRI.MOHAMMED SHAFI R1 AND R2 BY ADV.SRI.MILLU DANDAPANI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF TITLE DEED DATED 19.11.1988. EXHIBIT P2: COPY OF OBJECTION SUBMITTED BY THE PETITIONER. /TRUE COPY/ PS TO JUDGE P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C).No. 23869 of 2011 ---------------------------------------------- Dated this the 2nd day of September, 2011 JUDGMENT The petitioner, whose husband passed away three months back, has filed this writ petition for an order restraining respondents 1 and 2 from drawing a high-tension electricity line through the property belonged to her former husband, which has devolved on her on his death. It is stated that the petitioner has filed Ext. P2 representation dated 28.8.2011 before the second respondent objecting to the electricity line being drawn through the land that belonged to her late husband. A Full Bench of this Court has in Bharat Plywoods & T.Products v. Kerala State Electricity Board (1970 KLT 872) held that if any tangible form of objection is raised to the drawing of electricity line, the Board should obtain the permission of the District Magistrate in terms of Section 16 of the Indian Telegraphs Act, 1985 before proceeding with the drawing of the line. Such being the position, since the petitioner has objected in writing to the line being drawn across the land which belonged to her late husband, I am of the opinion that respondents 1 and 2 should move the Additional District WPC.23869/11 2 Magistrate or the District Magistrate and seek his permission before proceeding to draw the line across the land that presently belongs to the petitioner. I, accordingly, dispose of the writ petition with a direction to respondents 1 and 2 to move the third respondent and obtain his permission before proceeding to draw electricity line through the land that presently belongs to the petitioner. Needless to say, in the event of respondents 1 and 2 moving the third respondent as aforesaid, the third respondent shall pass orders in the matter expeditiously and in any event, within one month from the date on which he is moved, after giving the petitioner an opportunity of being heard. P.N.RAVINDRAN, JUDGE vgs