IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 20909 of 2008(L) -------------------------- PETITIONER(S): --------------- GOPALAKRISHNAN NAIR, 51 YEARS S/O.RAGHAVAN PILLAI, PLAPPILLIL VEEDU PUNNALA, PATHANAPURAM, KOLLAM. BY ADV. SRI.C.R.SIVAKUMAR SMT.G.VIDYA RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER/ ADDL.DISTRICT MAGISTRATE O/O.THE REVENUE DIVISIONAL OFFICER, COLECTORATE, KOLLAM 2. THE KSEB, REP. BY THE ASST.EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION PATHANAPURAM, KOLLAM. 3. NARAYANAN NAIR, PLAPPALLIL , PUNNALA, PATHANAPURAM, KOLLAM,. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF NOTICE BY R1 DT 8.4.05. P2 COPY OF OBJECTION. P3 COPY OF NOTICE DT 12.6.08 P4 COPY OF JUDGMENT IN WPC 35361/05. P5 COPY OF ORDER DT 25.6.08. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 20909 OF 2008 L ```````````````````````````````````````````````````` Dated this the 3rd day of November, 2008 J U D G M E N T Petitioner challenges Ext.P5. Ext.P5 is an order passed under section 16 of the Indian Telegraph Act, 1885. 2. I heard learned counsel for the petitioner and learned counsel for respondents 1 and 2. There is no appearance for the 3rd respondent though notice is served. 3. In Ext.P5, it is stated as follows: “Objections were called for and heard all the concerned. Also inspected the site. It was found that the alternate route(Route No.II) is better than the route No.I. It does not cause any imminent danger to human life and beneficial enjoyment of the property.” On a perusal of the order, I am of the view that the matter is to be reconsidered. Accordingly, writ petition is disposed of as follows. WPC.20909/08 : 2 : Ext.P5 is quashed. The 1st respondent(Additional District Magistrate, Kollam) will consider the matter afresh and take a decision in accordance with law with notice to the petitioner and respondents 2 and 3, within six weeks from the date of receipt of a copy of this judgment. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE