IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 766 of 2008(N) ------------------------------------- PETITIONER: -------------------- BHARATH SANCHAR NIGAM LTD., REPRESENTED BY THE DIVISIONAL ENGINEER, KALLAMBALAM, TRIVANDRUM. BY ADV. SRI.C.S.RAMANATHAN RESPONDENTS: ------------------------- 1. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE (U), POWER HOUSE BUILDING, TRIVANDRUM. 2. ASSISTANT ENGINEER, KSEB (ELECTRICAL SECTION), KILIMANKOOR. 3. ASSISTANT EXECUTIVE ENGINEER, ANTI POWER THEFT SQUAD, TRIVANDRUM. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.766/2008 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MAHZAR DTD. 17/05/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P2; COPY OF THE LETTER DTD. 18/05/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE BILL DTD. 18/05/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DTD. 19/05/2007 SUBMITTED BY THE SUB DIVISIONAL ENGINEER TO THE 2ND RESPONDENT. EXT.P5: COPY OF THE APPEAL DTD. 21/05/2007 SUBMITTED BY THE SDE TO THE 1ST RESPONDENT. EXT.P6: COPY OF THE LETTER DTD.22/05/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE LETTER DTD. 07/06/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION DTD. 26/06/2007 SUBMITTED BY THE SDE TO THE 1ST RESPONDENT. EXT.P9: COPY OF THE ORDER DTD. 02/07/2007 OF THE 1ST RESPONDENT. EXT.P10: COPY OF THE ORDER DTD. 11/07/2007 OF THE 2ND RESPONDENT. EXT.P11: COPY OF THE REPRESENTATION OF THE SDE DTD. 18/07/2007 SUBMITTED TO THE 1ST RESPONDENT. EXT.P12: COPY OF THE REPRESENTATION DTD. 13/09/2007 SUBMITTED BY THE SDE TO THE 2ND RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.766 OF 2008 ------------------------------------------- Dated this the 27th day of March, 2008 JUDGMENT Petitioner is the BSNL. Anti Power Theft Squad of the Kerala State Electricity Board inspected the Telephone Exchange. It is stated that the Board authorities recorded that one of the three phases is not working. It was treated as a case under Section 126. Petitioner filed an appeal invoking Section 127. The Deputy Chief Engineer has dismissed it unfortunately stating no reasons. The case in hand requires that the petitioner is given an opportunity of hearing and if the decision is against the interest of the petitioner, the Deputy Chief Engineer has to state reasons thereof so that such decision can be subjected to judicial review. For the aforesaid reasons, Ext.P9 is quashed and the writ petition is disposed of directing that the petitioner will appear or cause appearance before the Deputy Chief Engineer on 29.4.2008 for listing and consideration of its appeal in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.