IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 28000 of 2011(Y) ---------------------------------- PETITIONER(S): ------------------- MRS.ELAMMA POULOSE, AGED 60 YEARS, W/O.POULOSE, THANDAKADU HOUSE, AKAPPARAMBU, MEKKAD P.O.-683 589, NEDUMBASSERY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.PAUL JACOB SRI.PEARL K.DAVIS RESPONDENT(S): -------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM- 695 004. 2. ASST.EXECUTIVE ENGINEER, LINE MAINTENANCE SUB DIVISION, 110 KV SUB STATION COMPOUND, CHALAKUDY, THRISSUR (DIST), PIN-680 307. 3. ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM, CIVIL STATION, KAKKANAD P.O., KOCHI-682 030. R1 & R2 BY ADV. SRI. SATHYANATHA MENON, SC., K.S.E.B. R3 BY GOVT. PLEADER SRI.G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.28000/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROPERTY TAX RECEIPT OF THE PETITIONER DATED 12.10.2011 NO.3615081 (SY.NO.336/9). P2: COPY OF THE PROPERTY TAX RECEIPT OF THE PETITIONER DATED 12.10.2011 VIDE NO.3615080 (SY.NO.334/12-2). P3: COPY OF LICENSE ISSUED TO THE PETITIONER BY THE ANGAMALY MUNICIPALITY TO CONDUCT SERVICE STATION DATED 12.10.2011. P4: COPY OF LICENSE ISSUED TO COFFEE SHOP BY ANGAMALY MUNICIPALITY IN THE RENTED ROOM OF THE PETITIONER DATED 28.6.2011. P5: COPY OF NO OBJECTION CERTIFICATE ISSUED BY THE AIRPORT AUTHORITY OF INDIA TO THE PETITIONER TO CONSTRUCT BUILDING IN THE PROPERTY OF THE PETITIONER UP TO THE HEIGHT OF 13.4 METRES DATED 11.5.2009. P6: COPY OF LAND ACQUISITION CERTIFICATE IN RESPECT OF THE ACQUISITION OF THE PROPERTY OF PETITIONER'S FAMILY FOR CONSTRUCTION OF AIRPORT. P7: ROUGH SKETCH OF THE LOCATION AND ROUTE OF TOWER LINE. P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.2 DATED 11.10.2011. P9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE ELECTRICITY MINISTER DATED 11.10.2011. P10: COPY OF THE PETITIONER SUBMITTED BY THE PETITION TO THE 3RD RESPONDENT (ADM) DATED 7.10.2011. RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28000 of 2011 ----------------------------------------- Dated this the 21st day of October, 2011 JUDGMENT Aggrieved by the proposal of respondents 2 and 3 to draw an electricity line through the property of the petitioner she has filed Ext.P8 representation before the second respondent and Ext.P10 petition before the Additional District Magistrate. In this writ petition the petitioner seeks a direction to the respondents to consider the objections raised by her in the said representations and to take a decision thereon after affording her an opportunity of being heard before the electricity line is drawn. 2. The pleadings and the materials on record disclose that the petitioner has raised an objection to the drawing of an electricity line through her property. A Full Bench of this Court has in Bharat Plywood and Timber Products Pvt. Ltd. v. KSEB, 1970 KLT 892 held that when any tangible form of objection to the drawing of an electricity line is raised, the Electricity Board is bound to seek the permission of the District Magistrate in terms of section 16 of the Indian Telegraph Act, W.P(C).No.28000 of 2011 -:2:- 1885 before proceeding to draw the line. Applying the same principle, as the petitioner has objected to the proposal of respondents 2 and 3 to draw an electricity line through her land, I am of the opinion that respondents 2 and 3 should move the Additional District Magistrate for such permission before proceeding to draw the line. In such circumstances I dispose of the writ petition with a direction to respondents 2 and 3 to move the Additional District Magistrate and to obtain his permission before drawing the electricity line through the land belonging to the petitioner. The Additional District Magistrate shall, in the event of respondents 2 and 3 moving him for permission under section 16 of the Indian Telegraph Act, 1885, take a final decision in the matter expeditiously and in any event within one month from the date of the application with notice to both sides. Till then, the status quo as on today shall be maintained. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28000 of 2011 ---------------------------- JUDGMENT 21st October, 2011