High Court Kerala High Court

Abdul Latheef Thondikkadan vs State Of Kerala on 20 June, 2008

Kerala High Court
Abdul Latheef Thondikkadan vs State Of Kerala on 20 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18558 of 2008(H)


1. ABDUL LATHEEF THONDIKKADAN
                      ...  Petitioner
2. AYISHABEEVI NAMBANKUNNATH,
3. KHADEEJA MAMMILIPPATTU,

                        Vs



1. STATE OF KERALA, REP. BY ITS SECRETARY
                       ...       Respondent

2. KSEB, REP. BY THE CHIEF EXECUTIVE

3. MAMMILIPPATU POKKER

                For Petitioner  :SRI.E.NARAYANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :20/06/2008

 O R D E R
                                    K.M.JOSEPH, J.
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                             WP.(C) No. 18558 of 2008
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                        Dated this the 20th day of June, 2008

                                       JUDGMENT

Petitioners have approached this court feeling aggrieved by the

attempt of the second respondent to draw electric line across the properties

of the petitioners for giving connection to the third respondent.

2. Heard learned counsel for the second respondent also.

3. Undoubtedly Section 16 of the Telegraph Act provides that

if there is resistance by a person, the matter has to be adjudicated by the

concerned Magistrate, and only if the Magistrate grants permission, the line

can be drawn. The second respondent is bound by law to seek permission

from the Magistrate, if there is any objection. Learned counsel for the

petitioners submits that the line has not been drawn.

In such circumstances the writ petition is disposed of as

follows:

If the electric line has not been drawn across the properties of

the petitioners for giving connection to the third respondent, the second

respondent will seek permission from the concerned Magistrate under

Section 16 of the Indian Telegraph Act and only upon permission being

granted the line can be drawn across the properties of the petitioners.

(K.M. JOSEPH, JUDGE)

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