IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 8284 of 2009(E) -------------------------------------------- PETITIONER(S): ---------------------- CHANDRASEKHARA KURUP, S/O.JANAKY AMMA, AGED 48 YEARS, KANDATHILPUTHEN VEEDU, THALAYAR, KUTTOOR P.O., THIRUVALLA. BY ADV. SRI.P.F.FRANCIS RESPONDENT(S): ------------------------- 1. ADDITIONAL DISTRICT MAGISTRATE & DEPUTY COLLECTOR (GENERAL), PATHANAMTHITTA. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION OFFICE, CHENGANNUR. 3. UNNIKRISHNAN NAIR, THEKKEALUVELIL, THALAYAR, KUTTOOR P.O., THIRUVALLA. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 SRI.R.SANTHOSH BABU FOR R3 R1 & R4 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 8284 OF 2009 E -------------------------------------- Dated this the 24th March, 2009 JUDGMENT Petitioner seeks to quash Ext.P3. Ext.P3 is an order by which permission was granted under Section 16 of the Indian Telegraph Act. Heard the learned counsel for the petitioner, learned counsel appearing on behalf of the beneficiary, the learned standing counsel for the Electricity Board and also the learned Government Pleader. There is no dispute that the petitioner was not heard. In such circumstances, Ext.P3 is unsustainable and it is quashed, and the matter will be redone in accordance with law, with opportunity of hearing to the parties. A decision will be taken as aforesaid within a period of one month from the date of production of a copy of this Judgment. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge