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2006 Supreme(Kar) 367

CYRIAC JOSEPH, K.L.MANJUNATH
THIRTHESH A. S. – Appellant
Versus
UNDER SECRETARY TO THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF POWER CORPORATION, BANGALORE – Respondent


Advocates appeared
Sri Ashok Haranahalli, Advocate for Appellant;
Sri S.M. Chandrashekar, Government Advocate for Respondents-1 and 2;
Sri N.K Gupta, Advocate for Respondents-3 and 4.

JUDGMENT

Cyriac Joseph, C.J. (Oral):

This writ appeal is filed against the judgment dated 6-3-2006 in W.P. No. 3132 of 2006 which was dismissed by the learned Single Judge. The appellant is the petitioner in the writ petition.

2. The grievance of the appellant is regarding the attempt of respondents 3 and 4 to draw the proposed High Tension Power lines of 66 KV. over the land of the appellant. In the writ petition the petitioner (appellant herein) prayed for a direction to respondents 3 and 4 to consider the representations dated 5-1-2006 and 7-1-2006 (Annexure -G and H) submitted by the appellant treating them as his objections under Section 16 of the Telegraph Act, 1885. But the learned Single Judge rejected the prayer observing that if the petitioner were to cause obstruction while fixing the electrical power lines, it is open to the respondents to move the appropriate authority for necessary orders in accordance with the provisions of the Telegraph Act.

3. Having heard learned Counsel for the appellant, the learned Government Advocate who accepted notice for respondents 1 and 2 and Sri N.K Gupta, learned Counsel for respondents 3 and 4, we are of the view that in the light of the F













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