A M ISMAIL Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two original petitions, the order passed by the District Magistrate under S.16(1) of the Indian Telegraph Act is challenged. Petitioners also challenge the constitutional validity of S.16(1) of the Indian Telegraph Act so far as it confers jurisdiction on the District Magistrate.

(2.) The facts in short are as follows: Petitioners are residents of Edayirickapuzha in Kangazha Village. The 6th respondent in O.P.1038 of 1993-W is conducting a Rubber Factory near the Public Health Centre at Edayirickapuzha. As there was low voltage he sought a High Tension line to this area for increasing the voltage. The Assistant Executive Engineer made a proposal to argument the voltage and a 11K.V. line was sought to be drawn through the properties of the petitioners. Petitioners and others raised objection and the Assistant Executive Engineer referred the matter to the District Magistrate. The District Magistrate passed an order on 14-12-92. Petitioners contend that they are aggrieved by the order.

(3.) I heard petitioners' counsel and the Standing Counsel for the K.S.E.B. Counsel for the petitioners contended that S.16(1) of the Indian Telegraph Act is violative of the fundamental rights guaranteed under Part III of the Constitution. Petitioners also allege that the District Magistrate is given wide discretion and this discretion is not controlled by any set of principles or guidelines. Petitioners further allege that the District Magistrate mentioned in S.16(1) is to be construed as the Chief Judicial Magistrate. The contention of the petitioners is that the enquiry under S.16(1) of the Indian Telegraph Act is to be a judicial enquiry conforming to the principles of natural justice and by virtue of the amendment of the Criminal Procedure Code the power under S.16(1) is being exercised by the District Magistrate, and, therefore, it is violative of Art.14 and 21 of the Constitution and also against the separation of powers as envisaged under Art.50 of Part IV of the Constitution. S.16(1) and (2) of the Indian Telegraph Act reads as follows: