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2026 Supreme(Online)(Ker) 32887

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
Muraleedharan – Appellant
Versus
Additional District Magistrate – Respondent
WP(C) 28552 OF 2025



Advocates:
For the Appellants/Petitioners: U.K.Devidas, S.K.Sreelakshmy
For the Respondents: Arunkumar A., Muhasin K.M., Shakthi Prakash, Surya Binoy

An order under Section 16(1) of the Indian Telegraph Act, 1885, by an Additional District Magistrate, confirming a feasible and economical route for an electric line, warrants no judicial interference unless procedural illegality is shown, as the Act does not provide for a statutory appeal from such orders.

Headnote:The petitioner challenged an order passed by the Additional District Magistrate under Section 16(1) of the Indian Telegraph Act, 1885, authorizing the installation of an electric line through the petitioner's property. The Court examined the feasibility of the electrical work based on the proposal of the electricity board against the objections raised by the petitioner. The Court found that the regulatory authority had acted within its discretion in selecting the most feasible and economical route. The core issue was the legality of the regulatory order permitting the drawing of electric lines over private land. The Court upheld the decision by emphasizing that the determination of the most suitable route is an administrative function based on feasibility and economic viability, and absent procedural illegality, such decisions are not subject to interference. The writ petition is dismissed.

Table of Content
1. regulatory bodies determine the feasibility of electric line installation. (Para 1 , 2)
2. court refuses to interfere with administrative route selection absent procedural error. (Para 3)

J U D G M E N T

This writ petition is filed challenging Ext.P1 order passed by the 1st respondent, the Additional District Magistrate under Section 16(1) of the Indian Telegraph Act (the Act), permitting drawing of electric line through the property of the petitioner. The petitioner and the 4th respondent are neighbours. There is a pathway used by the petitioner, the 4th respondent and three others who are the owners of the property on the side of the pathway. The pathway leads to Muthappankavu temple. The 4th respondent applied for an electric connection to his house. The officials of the Board visited the property and decided to draw electric line through the electric post already installed in the property of the petitioner. This is objected to by the petitioner and the matter was referred to the 1st respondent under Section 16(1) of the Act.

2. The 1st respondent, the Additional District Magistrate, after hearing the petitioner and the 4th respondent, passed Ext.P1 order. The 1st respondent found that the proposal made by the Board is more feasible and economical than the proposal made by the petitioner and ordered to draw electric line through the property of the petitioner.

3. A counter affidavit has been filed on behalf of respondents 2 and 3, wherein it is stated that, pursuant to Ext. P1 order, the connection had already been effected on 16.05.2025, whereas the writ petition was filed only on 31.07.2025. The reason stated by the petitioner for the delay in approaching this Court is that he was making representation before the District Collector against Ext.P1. It is to be noted that the District Magistrate or the District Collector has not been conferred with any appellate powers under the Act over the decision of the 1st respondent, the Additional District Magistrate under Section 16(1) of the Act.

I do not find any reason to interfere with Ext.P1 order of the Additional District Magistrate. Accordingly, the writ petition is dismissed.

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