NADUTHODI KUNJIMUHAMMED Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) The writ petition is filed aggrieved by Ext.P5 order issued by the first respondent in exercise of the power conferred under Section 16(1) of the Indian Telegraph Act. By the impugned order, the first respondent rejected the objection raised by the petitioner against the drawing of an electric line for providing power connection to the Self-financing Educational Institution being conducted by the third respondent.

(2.) The petitioner submits that he is the owner in possession of 2.74 acres of land in Re- Sy.No.314, 269/1A in Melmuri Village. It is submitted that a PWD Road was illegally constructed encroaching into the petitioner's property. Against the illegal construction, the petitioner filed O.S.No.109 of 2007 before the Munsiff's Court, Manjeri seeking mandatory injunction, requiring the defendants therein to restore the portion of the road passing through the petitioner's property to its original state. The petitioner contends that the illegality already committed would be perpetuated if the electric line is drawn through his property, on the premise that it is a PWD road.

(3.) The objection raised by the petitioner was considered by the first respondent after conducting a site inspection. The road in question is called the "Melmuri-Priyadarsini college road", which starts from the National Highway and leads upto the Educational Institution of the third respondent.