MAMMOO Vs. STATE OF KERALA

JUDGEMENT

(1.) Is the District Magistrate exercising powers under S.16(1) of the Indian Telegraph Act, 1885 an 'inferior Criminal Court' and is the order of such District Magistrate revisable by the Sessions Judge under S.397 of the Code of Criminal Procedure This the issue which calls for determination in these petitions. A learned single Judge before whom the matter came up referred the matter to the Division Bench in view of the importance of the question and on a reference by the Division Bench the matter is now before the Full Bench.

(2.) The petitioners in these petitions filed under S.482 of the Code of Criminal Procedure seek to set aside the order passed by the Sessions Judge, Tellicherry in two Criminal Revision Petitions and seek directions from this Court to the Sessions Judge to entertain the petitions on his file and to dispose them on merits.

(3.) There was a proposal by the Kerala State Electricity Board to construct and lay a 110 K.V. double circuit Transmission line to a private company, tapping the existing Cannanore-Kasaragode 110 K. V. line at Kattampally. The proposal envisaged the said line crossing over the property of the petitioners in the two cases. Both the petitioners filed petitions before the Assistant Executive Engineer of the Board who was concerned with the said work requesting him to avoid the properties of the petitioners in drawing the line. It was suggested that there were alternate routes through which the line could be taken. In view of such objection by the. two petitioners the Assistant Executive Engineer concerned moved the District Magistrate, Cannanore under S.16(1) of the Indian Telegraph Act for permitting him to exercise powers under S.10 of the Act. The petitioners objected to this. The District Magistrate passed an order on 19-5-1979 giving permission to the first respondent in these two petitions, the Assistant Executive Engineer, to exercise the powers mentioned in S.10 of the Indian Telegraph Act in respect of the lands of the petitioners.