IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 24042 of 2008(K) ---------------------------------------- PETITIONER(S): ---------------------- AMMUKUTTY SASI, D/O.LATE NANU ACHARI PARVATHI SADANAM, PATHANAD PO., KANGAZHA, CHANGANASSERY, KOTTAYAM. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S): ------------------------- 1. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION KERALA STATE ELECTRICITY BOARD, KANGAZHA, KARUKACHAL, KOTTAYAM. 2. KERALA STATE ELECTRICITY BOARD REP. BY THE SECRETARY KSEB, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. DEPUTY COLLECTOR (GENERAL) AND ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM. 4. SMT. REMANI VISHWANATHAN ISHWARYA BHAVAN, PATHANAD PO., KANGAZHA, KOTTAYAM. R1 & R2 BY STANDING COUNSEL SRI.P.P.THAJUDEEN. R3 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24042/2008: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1-TRUE COPY OF THE NOTICE NO.1-46822/2007 DATED 4.1.2008 ISSUED BY THE 3RD RESPONDENT. EXT.P2-TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEOFRE THE DISTRICT MAGISTRATE, KOTTAYAM DISTRICT DATED 30.1.2008. EXT.P3-TRUE COPY OF THE REPORT PREPARED BY THE VILLAGE OFFICER DATED 16.8.2007. EXT.P4-TRUE COPY OF THE JUDGMENT DATED 15.2.2008 IN WPC NO. 5565/2008 PASSED BY THIS HONOURABLE COURT. EXT.P5-TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT NO.K.DIS 48822/2007/H1 DATED 28.7.2008. K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.24042 of 2008-K ---------------------------------------------- Dated, this the 12th day of March, 2009 J U D G M E N T Petitioner challenges Ext.P5. In Ext.P5 order passed by the Deputy Collector (General) & Additional District Magistrate, Kottayam under Section 16 (1) of the Indian Telegraph Act, it is stated inter alia as follows: “As such, the parties were finally heard on 16/4/2008 the petitioner the Assistant Executive Engineer, Electrical Sub Division, Kaukachal the beneficiary and the respondent were present. On 18/7/08 site inspection conducted with all parties. There is no another way to give connection to the party. One support post should fix at the beneficiary's property and service connection can be given through this way by gate connection arrangements should done by the consumer (Ramani K.P) for gate connection. From the gate connection an underground cable connection shall be provided. All agreed to this proposal.” 2. I heard learned counsel for the petitioner, learned Government Pleader and learned standing counsel for the K.S.E.B. Learned Government Pleader, on instruction, WPC No. 24042/2008 -2- would submit that, records were called for and the statement in the order that all agreed to the proposal is not correct, and, in fact, the petitioner did not agree. Petitioner filed Ext.P2 objection. I feel that Ext.P5 cannot be sustained. A Division Bench of this court in Valsamma Thomas Vs. Additional District Magistrate (1997 (2) KLT 979) has laid down the manner in which an order under Section 16(1) of the Telegraph Act should be passed. Accordingly, Ext.P5 is quashed. The 3rd respondent will redo the matter in accordance with law within a period of six weeks from the date of production of a copy of this judgment. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. MS