IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 26865 of 2008(W) ----------------------------------------------- PETITIONER(S): ---------------------- NAFEESA P.P., W/O.ABDURAHIMAN T.M., THOTTUMUKATH HOUSE, THIRURANGADI VILLAGE, PANTHARANGADI P.O., MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): ------------------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, PARAPPANANGADI. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PARAPPANANGADI. 4. BEEVI.O., PADINJARE PEEDIYEKKAL HOUSE, THIRURANGADI VILLAGE, PANTHARANGADI P.O., MALAPPURAM DIST. 5. RABIYA C., D/O.HAMZA, MANARIKKAL HOUSE, (T.P.1/66-A), THIRURANGADI VILLAGE, PANTHARANGADI P.O., MALAPPURAM DIST. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2,3 SRI.K.P.SUDHEER FOR R5 SRI.V.RAJENDRAN FOR R4 GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO.26865 OF 2008 W PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE APPLICATION AND SKETCH FILED BY THE THIRD RESPONDENT BEFORE THE ADM. EXT.P2TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER. EXT.P3TRUE COPY OF THE SKETCH OF THE LOCATION OF PROPERTIES OF THE PETITIONER AND RESPONDENTS 4 & 5. EXT.P4TRUE COPY OF THE ORDER DATED 30.7.2008 PASSED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL // True Copy // PS to Judge K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 26865 OF 2008 W -------------------------------------- Dated this the 23rd October, 2008 JUDGMENT Petitioner challenges Ext.P4. Ext.P4 is an order passed by the first respondent District Magistrate under Section 16 of the Indian Telegraph Act. By the same, thirty metres of weather proof line is to be drawn over the property of the petitioner for giving connection to the beneficiary. 2. Heard the learned counsel for the petitioner, the beneficiary, the fourth respondent and the learned standing counsel appearing for the Electricity Board besides the learned Government Pleader. What is proposed is drawing of thirty metres of weather proof line. But, the learned counsel for petitioner would submit that a reference to putting up of a post and it is a mistry as to where the post has to be put up. Trying to make sense of the order, in an attempt to read sense into the order, learned standing counsel as also the learned counsel for the beneficiary would point out that what is intended is putting WPC.26865/08 W 2 up of a post on the farther west, so that by that, the line can be drawn across the property of the fourth respondent, namely Smt. O. Beevi on the boundary of her property, probably on the western boundary of the fourth respondent. By virtue of the post being put up, it will be put up only on the boundary of the petitioner's property. Having regard to the aforesaid set of facts and having regard to the fact that the line has to be drawn across the petitioner's property is only thirty metres weather proof line, I decline jurisdiction under Article 226 of the Constitution of India, as substantial justice has been done and as pointed out by the counsel for the beneficiary, the beneficiary has been given connection. The Writ Petition is dismissed. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge