IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 8043 of 2011(E) ------------------------- PETITIONER(S): --------------- N.S.MUHAMMED IBRAHIM, CHATHILINGATH KALAM, MUTHALAMADA P.O., PALAKKAD DISTRICT. BY ADV. SRI.MANSOOR.B.H. SMT.P.B.WAHIDA RESPONDENT(S): --------------- 1. POWER GRID CORPORATION OF INDIA LTD., PALAKKAD CAO, A9, BHASKARA, SANTHI COLONY, CHANDRANAGAR, PALAKKAD-678007, KERALA. 2. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD., PALAKKAD CAO, A9, BHASKARA, SANTHI COLONY, CHANDRANAGAR, PALAKKAD-678007, KERALA. 3. THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD-673641. BY SRI.MILLU DANDAPANI, SC FOR R1 & R2 GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8043 of 2011 ----------------------------------------- Dated this the 15th March, 2011 JUDGMENT The petitioner is the owner of a parcel of land approximately 3 acres in extent situated in Muthalamada Village, Chittoor Taluk, Palakkad district. On coming to know that respondents 1 and 2 are taking steps to draw a high tension electricity line through his lands, the petitioner sent Ext.P2 letter to the second respondent objecting to the said proposal. The grievance voiced by the petitioner is that though Ext.P2 letter was sent to the second respondent objecting to the drawing of electricity line through his lands, the respondents are taking hasty steps to draw the line without seeking permission of the District Magistrate under section 16 of the Indian Telegraph Act, 1885. In this writ petition the petitioner seeks a direction to the respondents to refrain from drawing the electricity line through his property. 2. A reading of Ext.P2 indicates that the petitioner has objected to the drawing of electricity line by respondents 1 and 2 through his lands. A Full Bench of this Court has in Bharat W.P(C).No.8043 of 2011 -:2:- Plywood & Timber Products Private Limited v. Kerala State Electricity Board, 1970 KLT 872 held that when the telegraph authority is obstructed from drawing the line, the telegraph authority is bound to move the District Magistrate in terms of section 16 of the Indian Telegraph Act, 1885 before exercising the power of the telegraph authority and that when any tangible form of objection is raised, the telegraph authority is bound to move the District Magistrate for such permission. In such circumstances as the petitioner has objected to the line being drawn across his lands, I am of the opinion that without the permission of the District Magistrate respondents 1 and 2 cannot draw electricity line through the petitioner's lands. I accordingly dispose of the writ petition with a direction to respondents 1 and 2 to move the District Magistrate under section 16 of the Indian Telegraph Act, 1885 and obtain his permission before proceeding to draw electricity line through the petitioner's lands. In the event of respondents 1 and 2 moving the District Magistrate for permission under section 16 of the Indian Telegraph Act, 1885, the District Magistrate shall pass expeditious W.P(C).No.8043 of 2011 -:3:- orders thereon after notice to the petitioner, respondents 1 and 2 and any other person or persons who will be affected by the drawing of the line, an opportunity of being heard. The contentions of both sides touching upon the merits of the case are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8043 of 2011 ---------------------------- JUDGMENT 15th March, 2011