IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 6199 of 2011(Y) ------------------------- PETITIONER(S): --------------- PEEYAMMA OLIVER, W/O.ANTONY, MALEPPARAMBIL HOUSE, KAKKANAD, ERNAKULAM. BY ADV. SRI.SABU THOZHUPPADAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682030. 2. THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682030. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD, VYTTILA, ERNAKULAM. 4. M.A.KALAMBAN, MALAYILPPARAMBIL HOUSE, ATHANI, KAKKANAD, ERNAKULAM. GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R1 & R2 SRI.P.P.THAJUDEEN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.6199 of 2011 ----------------------------------------- Dated this the 9th March, 2011 JUDGMENT The petitioner who claims to be the absolute owner in possession and enjoyment of 1.86 Ares of land situated in Sy.No.341/1/1 of Kakkanad Village in Ernakulam District, has filed this writ petition mainly seeking an order directing the second respondent to hear her and consider her objections as well before passing orders on the petition filed by the 3rd respondent herein under section 16 of the Indian Telegraph Act for permission to exercise the power of the Telegraph Authority under section 10 thereof. The writ petition proceeds on the basis that notice was not issued to the petitioner but only to her husband on the petition filed by the 3rd respondent and that as she is the real owner the second respondent is bound to issue notice to her, hear her and consider her objections before passing orders on the petition submitted by the 3rd respondent. 2. When the writ petition came up for hearing today Sri.Basant Balaji, learned Government Pleader appearing for W.P(C).No.6199 of 2011 -:2:- respondents 1 and 2 and the learned standing counsel appearing for the Kerala State Electricity Board submitted on instructions that the Additional District Magistrate had issued notice to the petitioner's husband in view of the written objection filed by him before the 3rd respondent wherein he had not disclosed the fact that his wife is the true owner. The learned Government Pleader also submitted that a hearing was conducted on 22.2.2011 pursuant to Ext.P2 notice, that the petitioner and her husband were present on the date of hearing, but the husband alone was heard and that till date the Additional District Magistrate has not passed orders in the matter. 3. In such circumstances as orders have not been passed pursuant to the hearing held on 22.2.2011 I am of the opinion that the Additional District Magistrate should issue notice to the parties including the petitioner and the 4th respondent, hear them afresh and pass orders in the matter expeditiously. Accordingly, I dispose of the writ petition with a direction to the second respondent to issue notice to the parties including the petitioner and respondents 3 and 4, afford them an opportunity of being heard and pass final orders on the petition filed by the 3rd respondent thereafter. The entire exercise shall be completed W.P(C).No.6199 of 2011 -:3:- expeditiously and in any event within one month from the date of production of a copy of this judgment before him. It is clarified that notice need not be issued to Sri.Antony to whom notice was issued earlier. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.6199 of 2011 ---------------------------- JUDGMENT 9th March, 2011