IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 696 of 2009(G) ------------------------ PETITIONER(S): --------------- C.M.JOSE, CHACKALAKKAL HOUSE, KANNAKKARY, KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.RAJESH THOMAS RESPONDENT(S): --------------- 1. DEPUTY COLLECTOR(GENERAL) AND ADDL. DISTRICT MAGISTRATE, KOTTAYAM 2. KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVAN, PATTOM PO., THIRUVANANTHAPURAM REP. BY ITS SECRETARY. 3. ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SUB DIVISION, ETTUMANOOR. 4. P.A.KURIAKOSE, NEDIYAKALAYIL, KANNAKARY, KOTTAYAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 & 3 SRI.C.C.PADMAKUMAR FOR R4 GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.696/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF OBJECTION DT 30.11.07. P2 COPY OF PETITION DT 31.1.08. P3 COPY OF OBJECTION DT 13.5.08. P4 COPY OF ORDER DT 19.12.08. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 696 OF 2009 G ```````````````````````````````````````````````````` Dated this the 13th day of March, 2009 J U D G M E N T Challenge is against Ext.P4. It is an order passed by the Magistrate under section 16 of the Indian Telegraph Act. Petitioner relies on the decision of this court in Valsamma Thomas Vs. Additional District Magistrate [1997 (2) KLT 979]. 2. After perusing the impugned order, I find there is no consideration whatsoever of the alternate route. Accordingly, Ext.P4 is quashed. In view of the urgency in the matter, the petitioner, respondents 3 and 4 or their representatives shall be present before the 1st respondent at 11 am on 20.3.2009. The 1st respondent will consider and pass orders in the matter in accordance with law within ten days thereafter. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE