IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 29711 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------- O.J.THOMAS, AGED 63 YEARS, S/O.LATE JOSEPH, RESIDING AT OZHUKAYIL HOUSE, 1/578 ATHIRAMPUZHA, KOTTAKKUPURAM, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT, PIN-686 562. BY ADVS. SRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI, SMT.REENA THOMAS, SRI.L.RAM MOHAN. RESPONDENT(S): ---------------------------- 1. DEPUTY COLLECTOR (GENERAL) & ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM, OFFICE OF THE DEPUTY COLLECTOR(GENERAL), COLLECTORATE P.O., KOTTAYAM-686 003. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, ETTUMANOOR-686 631. 3. P.M.SEBASTIAN, PEMALAYIL HOUSE(H),ATHIRAMPUZHA P.O., PIN-686 562. 4. JOSEPH MATHEW, VENNALIL, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT, PIN-686 562. 5. SMT.RENUKA GOPALAKRISHNAN, THULASSEY BHAVANAM, ATHIRAMPUZHA P.O.,PIN-686 562. 6. SMT.LATHAKUMARI K.D., PUTHENPURACKAL, ATHIRAMPUZHA P.O.,PIN-686 562. R1 BY GOVERNMENT PLEADER SRI. M.A. ASIF R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B. R3 BY ADV. SRI.A.V.JAMES R4 TO R6 BY ADV. SRI.A.C.DEVASIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29711/2010 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 21/08/2010 OF THE FIRST RESPONDENT. P2: COPY OF THE ROAD MAP PRODUCED BY THE KSEB BEFORE THE FIRST RESPONDENT. P3: COPY OF THE PETITION DTD. 4/03/2010 FILED BEFORE THE 1ST RESPONDENT BY THE 2ND RESPONDENT. P4: COPY OF THE PETITION 15/09/2010 SUBMITTED BY THE PETITIONER BEFORE THE EXECUTIVE ENGINEER. P5: COPY OF THE PETITION DTD. 17/09/2010 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.29711 OF 2010 -------------------------------------------- Dated this the 2nd day of December, 2010 JUDGMENT Essentially, the grievance of the petitioner is that prior to the passing of Ext.P1 order, the petitioner was not afforded with an opportunity of being heard. The respondents 5 and 6 have applied for electric connection to their respective residential buildings. Thereupon, the second respondent proposed to draw electric lines to grant electric connection to the said prospective consumers by drawing lines from the existing posts in the properties of respondents 3 and 4. However, they objected to the same and thereupon, the second respondent filed a petition before the first respondent in terms of the provisions under Section 16(1) of the Indian Telegraph Act, 1885 r/w Section 164 of the Electricity Act, 2003. It was after hearing the second respondent as also respondents 3 to 6 that Ext.P1 order was passed. The grievance of the petitioner is that based on the said order, the second respondent is proposing to install two posts in his property for the purpose of granting electric connection to the residential buildings of respondents 5 and 6. It is submitted that despite the fact that W.P.(C) NO.29711/2010 2 such an order would adversely affect the property rights of the petitioner, no notice was issued to the petitioner. Thus Ext.P6 order was passed violating the statutory principle of 'Audi Alterem Partem'. I am of the view that on that short ground, Ext.P1 liable to be interfered. Accordingly, Ext.P1 is set aside. The matter is remitted back to the first respondent for considering Ext.P3 petition submitted by the second respondent afresh, in accordance with law, after affording an opportunity of being heard to the petitioner as also to respondents 2 to 6. This shall be done expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. To enable the first respondent to take a decision thereon expeditiously, in terms of this judgment, it will be open to the parties to this Writ Petition to make available a copy of this judgment before the first respondent. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.29711/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.29711/2010 4