IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 5203 of 2011(A) ------------------------- PETITIONER(S): --------------- 1. IBRAHIMKUTTY, S/O.ALIYARKUNJU, ALMUBARAK MANZIL,VENGARA KARA THODIYOOR NORTH P.O.,KARUNAGAPPALLY TALUK KOLLAM DISTRICT 2. FATHIMA BEEVI, W/O.LATE ABBASKUTTY, THANDANTTAKATH VEETTIL, VENGARA MURI THODIYOOR P.O.,KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK,KOLLAM DISTRICT 3. ANWAR SADATH, S/O.LATE ABBASKUTTY W/O.LATE ABBASKUTTY THANDANTTAKATH VEETTIL, VENGARA MURI THODIYOOR P.O.,KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK,KOLLAM DISTRICT 4. MUHAMMED ANSAR, S/O.ABBASKUTTY W/O.LATE ABBASKUTTY THANDANTTAKATH VEETTIL, VENGARA MURI THODIYOOR P.O.,KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK,KOLLAM DISTRICT BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL SRI.M.H.HUBAISE RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VIYDHUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM 2. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, O/O.THE EXECUTIVE ENGINEER, CHALAKKUDY P.O.,CHALAKKUDY 3. ADDITIONAL DISTRICT MAGISTRATE ERNAKUALM 4. SUB INSPECTOR OF POLICE NEDUMPASSERY POLICE STATION. BY SRI.P.P.THAJUDEEN, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.5203 of 2011 ------------------------------- Dated this the 18th day of March, 2011 J U D G M E N T The petitioners jointly own a parcel of land approximately 60 cents in extent, situated in R.Sy.No.336/8 of Angamali Village in Ernakulam District. This writ petition is filed aggrieved by the steps taken by respondents 1 and 2 to erect a tower in the said parcel of land and to draw a line across it, without seeking the permission of the District Magistrate as required under section 16 of the Indian Telegraph Act, 1885. 2. When the writ petition came up for hearing on 18.2.2011, Sri.P.P.Thajudeen, the learned standing counsel appearing for the Kerala State Electricity Board was directed to get instructions. When the writ petition came up for hearing today, the learned standing counsel appearing for the Board submitted on instructions that the petitioners did not object when the foundation leg of the tower was erected on 12.2.2011 and that thereafter on 16.2.2011 the petitioners objected to the drawing of the line and erection of the tower by filing Ext.P2 petition. A Full Bench of this Court has in Bharat Plywood & Timber Products Pvt. Ltd. v. Kerala State Electricity Board (1970 KLT 872 (FB) held that if any tangible form of objection to the drawing of electricity line is raised, the licencee W.P.(C) No.5203 of 2011 2 exercising the powers of the telegraph authority will have to move the District Magistrate under section 16 of the Indian Telegraph Act for permission to draw the line. In such circumstances, as the petitioners have admittedly filed Ext.P2 petition before the second respondent objecting to the erection of the tower in their lands and the drawing of electricity line across their lands, I am of the opinion that the respondents should move the District Magistrate under section 16 of the Indian Telegraph Act and seek his permission before proceeding further in the matter. I accordingly dispose of the writ petition with a direction to respondents 1 and 2 to move the competent authority under the Indian Telegraph Act, 1885 for permission to erect a tower in the petitioners' lands and to draw a line across the petitioners' lands, before proceeding to erect the tower or draw electricity line across the petitioners' lands. P.N. RAVINDRAN, JUDGE. nj.