IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 36485 of 2009(E) -------------------------- PETITIONER(S): --------------- GIGI, AGED 30 YEARS, D/O. LATE CHANDY JOSEPH, MUTHEDATHU HOUSE, KALATHOOR, KURAVILANGAD, KOTTAYAM, NOW RESIDING AT PODIMATTOM HOUSE, THELLAKOM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD, KURAVILANGAD. 3. DEVASSIA, PULLUKALAYIL, KALATHOOR, KURAVILANGAD, KOTTAYAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 36485 of 2009 ================== Dated this the 17th day of December, 2009 J U D G M E N T The petitioner is a co-owner of a property, through which, the 2nd respondent proposes to draw electricity lines for giving electricity connection to the 3rd respondent. Since there was objection by the owners, the 2nd respondent approached the 1st respondent for permission to draw the lines under Section 16(1) of the Indian Telegraph Act, in respect of which, Exts.P1 and P3 notices have been issued to one of the co-owners of the property. The petitioner's contention is that she being one of the co-owners of the property, she is entitled to get a notice in the proceedings before the 1st respondent in her own right apart from the right of the person to whom Exts.P1 and P3 notices have been issued. The petitioner, therefore, submits that the petitioner may also be directed to be heard before passing orders in the matter. 2. The learned Government Pleader, on instructions, submits that if the petitioner furnishes the names and addresses of all the co-owners, the 1st respondent would hear all of them before passing final orders in the matter. 3. Having heard the learned Government Pleader and the 2 learned standing counsel appearing for the Kerala State Electricity Board, I dispose of this writ petition with the following directions: The petitioner shall, within one week, file a petition before the 1st respondent in the proceedings evidenced by Ext.P1 and P3 detailing the names and addresses of all the co-owners of the property in question. The 1st respondent shall issue notices to all the co-owners and take a final decision in the matter after hearing all the co-owners. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge