IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 30812 of 2008(R) -------------------------- PETITIONER(S): --------------------- NOUSHAD T.P., AGED 34 YEARS, SON OF LATE M.B.IBRAHIM, RAHMATH MANZIL, KANNUR, MATTANUR. KANNUR 670 702. BY ADV. SRI.BOBY MATHEW RESPONDENT(S): ----------------------- 1. DISTRICT COLLECTOR, KANUR. 2. ADDITIONAL DISTRICT MAGISTRATE AND DEPUTY COLLECTOR (GENERAL), KANNUR. 3. ASSISTANT EXECUTIVE ENGINEER, K.S.E.B. SUB STATION, SUB DIVISION MATTANUR, KANJIRODU P.O., KANNUR. 4. RAVIKUMAR K, KAUSTHUBHAM,KALLUR MATTANUR, KANNUR 670 702. 5. RAMACHANDRAN K.V.,SECRETARY, KALLUR SRI.MAHA KSHETRA SAMITHI,KALLUR, MATTANUR, KANNUR. R1 & R2 BY GOVT. PLEADER MR. BEJOY CHANDRAN. R3 BY SC ADV. MR. P.P. THAJUDEEN ADV. SRI.M.RAMESH CHANDER FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 30812/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE SALE DEED DATED 25.3.1998 REGISTERED AS DOCUMENT NO: 24655/1998 OF THE SRO MATTANUR IN RESPECT OF THE PETITIONER'S PROPERTY. EXT. P2 : TRUE COPY OF THE LEGAL HEIR CERTIFICATE DATED 28.2.2008 BEARING NO.K.DIS, 17201/2007/B1 IN RESPECT OF THE PETITIONER'S FATHER ISSUED BY THE TAHSILDAR, KANNUR. EXT. P3 : TRUE COPY OF THE TAX RECEIPT DATED 17.4.2008 BEARING NO: 89079/8907892 ISSUED FROM THE KOLARI VILLAGE OFFICE FOR PAYMENT OF TAX IN RESPECT OF THE PETITIONER'S PROPERTY FOR THE YEAR 2008- 2009. EXT. P4 : TRUE COPY OF THE REPRESENTATION DATED 21.3.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT. P5 : TRUE COPY OF THE NTICE FOR HEARING DATED 23.9.2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT. P6 : TRUE COPY OF THE ORDER A6-36774/08 DATED 23.9.2008 PASSED BY THE 2ND RESPONDENT. RESPONDENT'S EXTS: EXT. R4(a) : PHOTOSTAT COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT ON 11.8.2008. EXT. R4(b) : PHOTOSTAT COPY OF STATEMENT SUBMITTED BY 4TH RESPONDENT BEFORE THE 2ND RESPONDENT. EXT. R4(c) : PHOTOSTAT COPY OF STATEMENT SUBMITTED BY 5TH RESPONDENT BEFORE THE 2ND RESPONDENT. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 30812 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2009 JUDGMENT Petitioner challenges Ext.P6. It is an order passed under Section 16 of the Indian Telegraph Act. Apparently the line has to cross over the property of the petitioner. Without hearing the petitioner, earlier an order dated 11.8.2008 (Ext.R4(a)) came to be passed. In Ext.P6 essentially the earlier order is referred to and it is ratified. 2. I heard learned counsel appearing on behalf of the parties. 3. There is no dispute that the earlier order was passed without hearing the petitioner. Apparently acting on the application of the petitioner the matter was referred. If the line is crossing the property of the petitioner and he resists it, it is only appropriate that the matter is reconsidered and a fresh decision is taken in accordance with law. Accordingly, Ext.P6 is quashed. In view of the urgency pressed, there will be the following directions: The petitioner and respondents 3 to 5 or their representatives shall be present before the second respondent at 11 a.m on 17.2.2009. The second respondent will proceed to consider the matter and take a decision in the matter in accordance with law within two weeks from the date of WPC. 30812/2008. 2 hearing. Till a decision is taken in the matter, the interim order will continue. (K.M. JOSEPH, JUDGE) sb