IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 28165 of 2010(U) --------------------------------- PETITIONER(S): ------------------- MICHAEL MATHAI, MUNDANATTU HOUSE MARIAPURAM PO, IDUKKI 685 602 BY ADV. SRI.BINU PAUL RESPONDENT(S): -------------------- 1. EXCUTIVE ENGINEER ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD KATTAPPANA, IDUKKI 685 508 2. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SECTION,KERALA STATE ELECTRICITY BOARD KATTAPPANA, IDUKKI 685 508 3. INDUS TOWERS LIMITED NH BYPASS, MARAD PO, COCHIN 682 304. R1 & R2 ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R3 BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.N.ASWATHY SMT.DIVYA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 28165 OF 2010 -------------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT The petitioner is the owner in possession of 3.38 acres of land comprised in Sy.Nos.1/5, 4/5 of Thankamani Village in Idukki District. On the application submitted by the third respondent for getting electricity supply to the mobile tower, respondents 1 and 2 took steps to draw electric line to the same. The petitioner has raised objection against the drawing of electric line through his property. According to the petitioner, already two electric posts have been installed in his property for the aforesaid purpose. Obviously, the petitioner has raised objection against the installation of electric posts as also drawing electric line through his property for the purpose of giving electricity supply to the mobile tower belonging to the third respondent. When such an objection is raised, it is incumbent on the part of the second respondent to refer the matter before the concerned District Magistrate in terms of the provisions under 16(1) of the Indian Telegraph Act r/w Section 164 of the Indian Electricity Act, 2003. Therefore, I do not propose to consider the merits of the rival contentions W.P.(C) NO.28165/2010 2 at this stage. Accordingly, this Writ Petition is disposed of with a direction to the second respondent to refer the matter to the concerned District Magistrate in terms of the aforesaid provisions, within a period of two weeks from the date of receipt of a copy of this judgment. The second respondent shall take further steps only subject to the decision to be taken by the concerned District Magistrate. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.28165/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.28165/2010 4