IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 1774 of 2009(J) -------------------------------------------- PETITIONER(S): ---------------------- K.C.KURIAKOSE, S/O.CHACKO, KIZHAKKAYIL HOSUE, MUTTUKADU, BISON VALLEY, IDUKKI DISTRICT. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL SECTION, CHITHIRAPURAM, IDUKKI DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 1774 OF 2009 J -------------------------------------- Dated this the 22nd January, 2009 JUDGMENT Petitioner has approached this Court feeling aggrieved by the proposal to draw electric line. Today, when the matter came up, it is submitted by the learned standing counsel for the respondent Electricity Board that the line is proposed to be drawn through a public pathway. If it is drawn through a public pathway, I do not see how the petitioner can raise a complaint that unless permission is obtained from the Magistrate under Section 16 of the Indian Telegraph Act, the line cannot be drawn. In such circumstances, I record the submission of the learned standing counsel that the line is proposed to be drawn through a public pathway and not through any private pathway. Needless to say, if the line is proposed to be drawn through any portion of the property of the petitioner, it can be done only after getting permission under Section 16 of the Indian Telegraph Act. The Writ Petition is disposed of as above. Sd/= kbk. K. M. JOSEPH, JUDGE // True Copy // PS to Judge