IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 26624 of 2008(T) -------------------------- PETITIONER: --------------- ALEX THOMAS, GENERAL MANAGER, JACOB BAKERS, VELLOOR P.O., PAMPADY, KOTTAYAM. BY ADV. SRI.K.I.SAGEER IBRAHIM RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, PAMPADY POLICE STATION, PAMPADY. 2. CIRCLE INSPECTOR OF POLICE, PAMPADY, KOTTAYAM. 3. M.N.NARAYANAN NAIR, MANAMTHANATHU, VELLOOR P.O. 4. SURESH, THEMBALLIYIL, VELLOOR P.O. 5. K.A.ABRAHAM, KARIMBANOOR, VELLOOR P.O. 6. VIJAYAMMA.M.NAIR, MANAMTHANATHU, VELLOOR P.O. 7. MURALEEDHARAN NAIR, MANAMTHANATHU, VELLOOR P.O. 8. M.N.SAJIKUMAR, MANAMTHANATHU, VELLOOR P.O. 9. P.RAMACHANDRAN NAIR, NAGATHALLIL, VELLOR P.O. 10. VINOD VARGHESE, THAKIDIYIL, VELLOOR P.O 11. P.V.MATHES, PUTHENPARAMBIL, VELLOOR P.O. W.P.(C) NO.26624/2008 12. M.N.GOPALAKRISHNAN NAIR, MANAMTHANATHU, VELLOOR P.O. 13. K.M.THOMAS, KANNOTHARA, VELLOOR P.O. 14. N.R.LEELAMMA, MANATHANATHU,VELLOOR P.O. 15. CHACKO JOSEPH, PATAKKAPARAMBU, VELLOOR P.O. 16. T.A.DIVAKARAN, THAMPALIL (H), VELLOOR P.O. 17. ASSISTANT EXECUTIVE ENGINEER (K.S.E.B) ELECTRICAL SUB DIVISION, MANARCADU. ADDL.R18: PAMPADI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PAMAPI, KOTTAYAM (IMPLEADED AS ADDL.R18 AS PER ORDER IN I.A..NO.12592/2008 DT.3.10.2008) ADV. SRI.M.P.MADHAVANKUTTY FOR R3,7,8,9 SRI.JAMES KURIAN FOR ADDL.R18 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26624/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF REPRESENTATION SUBMITTED BY THE NEARBY RESIDENTS BEFOE THE 17TH RESPONDENT. EXT.P2: COPY OF THE ORDER DT.12.08.2008 PASSED BY ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM. EXT.P3: COPY OF THE REPRESENTATION DT. 22.08.2008 BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENT. RESPONDENT'S EXT: EXT.R3(a): COPY OF THE PETITION FILED BY THE 17TH RESPONDENT. EXT.R3(b): COPY OF THE REPRESENTATION SUBMITTED BY THE RESPONDENTS 3, 7,8 AND 9 BEFORE THE SECRETARY, PAMPADY GRAMA PANCHAYT. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.26624 OF 2008 ---------------------------------------- Dated this the 28th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner wants to get electricity line drawn to his factory premises. When the neighbouring persons obstructed, the K.S.E.B moved the Additional District Magistrate and obtained Ext.P2 order to remove the obstruction. Even thereafter, the obstruction continued. Though the petitioner moved the police, they did not extend any help. The petitioner points out that the challenge made against Ext.P2 before this Court has already been repelled and therefore the said order has become final. So, the police are bound to extend necessary protection to the K.S.E.B. officials to draw the line, it is submitted. 2. The learned counsel appearing for some of the party respondents submitted that the line is drawn through the land vested in the Local Grama Panchayat without getting its permission. Therefore, the drawal of line is illegal in view of Section 10 of the Indian Telegraph Act, it is contended. W.P.(C) No.26624/2008 2 3. In view of the said contention, we directed the petitioner to implead the Panchayat. On impleadment, the Panchayat appeared through counsel and submitted that it has no objection in drawing the line. 4. In view of the above position, the writ petition is liable to be allowed. If there is any obstruction to the drawing of the line which is permitted as Ext.P2, the petitioner may bring it to the notice of the respondents 1 and 2. In that event, the said officers shall remove the obstruction. The writ petition is allowed as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps