RADHAKRISHNA MENON
KUNJULAKSHMI – Appellant
Versus
DISTRICT MAGISTRATE – Respondent
1. Whether or not the District Magistrate while exercising the discretion vested in him under S.16 (1) of the Indian Telegraph Act, 188S (for short, the Act) has the authority to interfere with the power of the Telegraph authority under S.10 of the said Act, to place and maintain lines, under, over, along or across and posts in or upon any immovable property made mention of in clause (d) of the proviso to the said section, is the question arising for consideration in this O. P. According to me this question no more is res integra in view of the Full Bench decision of this court in Mammoo v. State of Kerala (1979 KLT. 801 FB). This court after considering the scheme of the Act has held thus:
"S. 10 of the Act, as already indicated, gives the Telegraph authority power to place and maintain Telegraph line in or upon any immovable property. The proviso indicates that such power is to be exercised only for Telegraph established or maintained by the Central Government or to be so established and maintained, that the Central Government acquires only the right of user, that in the case of local authority the exercise has to be with permission of that authority and that in the e
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