IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 237 of 2008(C) ------------------------ PETITIONER(S): --------------- V.K.VASAVAN, VALIYA VEETTIL, THAZHAKKARA P.O. MAVELIKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. THE ASST. EXECUTIVE ENGINEER, K.S.E.B., MAVELIKARA. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE ADDL. DISTRICT MAGISTRATE, ALAPPUZHA. 4. RUGMINI, VALIYAVEETTIL VADAKKATHIL, THAZHAKKARA P.O., MAVELIKARA, ALAPPUZHA DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 SRI.V.MANOJ KUMAR FOR R4 SRI.IYPE JOSEPH FOR R4 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF SALE DEED DT 4.9.1981. P2 COPY OF APPLICATION DT 15.10.2007. P3 COPY OF APPROVED PLAN DT NIL P4 COPY OF OBJECTION DT 13.8.07. P5 COPY OF OBJECTION FILED BEFORE ADM. P6 COPY OF ORDER DT 12.12.07. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 237 OF 2008 C ```````````````````````````````````````````````````` Dated this the 16th day of January, 2009 J U D G M E N T Petitioner challenges Ext.P6 which is an order of the 3rd respondent under section 16 of the Indian Telegraph Act, 1885, granting permission to the 1st respondent to draw electric line over the property of the petitioner. There is an alternate proposal by the petitioner which is actually noted in Ext.P6 order, namely the line can be drawn from the post situated in the property of Railway through the western side of his property. A perusal of Ext.P6 does not reveal the alternate proposal is considered. I would think that it is against the dictum of this court in Valsamma Thomas Vs. Additional District Magistrate [1997 (2) KLT 979]. Having heard both parties, the writ petition is allowed. Ext.P6 is quashed. The petitioner, the 1st respondent and the 4th respondent or their representatives will be present before the 3rd respondent on 28.1.2009 at 11 am. The 3rd respondent will consider the matter and take a decision in accordance with law within three weeks from 28.1.2009. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE