IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 21790 of 2008(R) ---------------------------------------------- PETITIONERS: -------------------- 1. SMT.SHEMEERA SHEREEF, W/O SHEREEF, ACHI, FOUR CENT COLONY, PUTHUPADY AMSOM DESOM,PUTHUPADY, KOZHIKODE. 2. SRI. ALIYAR, PUTHENPURACKAL HOUSE, ACHI,FOUR CENT COLONY, PUTHUPADY AMSOM DESOM, PUTHUPADY, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOZHIKODE. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, THAMARASSERY. 4. SRI. BHASKARAN T.,ADDITIONAL DISTRICT MAGISTRATE, THELLATHINKARA, KANNANKUNNU, KARADI, RAROTH AMSOM, KOZHIKODE (R2 IN PERSONAL CAPACITY). 5. SRI.ABOO,KORANGAL HOUSE, ACHI, PUTHUPADY. 6. SRI.SIVANAIYYAN, ACHI, PUTHUPADY, WP(C).NO.21790/08 7. SMT. PATHUMMA, VETTIKUNNUMMEL, ACHI, PUTHUPADY,. 8. SRI.AZIZ, S/O HANEEFA, PERINGALAMKUNNU, ACHI, PUTHUPADY. R1, R2 & R4 BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 21790 OF 2008 R -------------------------------------- Dated this the 8th August, 2008 JUDGMENT Petitioners have approached this Court seeking the following reliefs: "i) Issue a writ, order or direction commanding the 1st respondent to conduct hearing and take an independent decision pursuant to Ext.P4. ii) Issue an order restraining the 2nd respondent from proceeding further with the matter. iii) Direct the 1st respondent to personally hear the petitioners and to take all evidence as is produced in support of their contentions." 2. Briefly put, the case of the petitioners is as follows: The petitioners are persons who are classified as "below the poverty line" and are landless labourers. They have been provided with four cents of land and a house by the puthupady Grama Panchayat and the said colony is known as "Achi Four WPC.21790/08 R 2 Cent Colony". Their complaint is that the proposal to give electric supply to persons residing outside the colony, is to draw the line through the petitioner's property and over and above their respective dwelling houses and they filed a written complaint before the third respondent. But the second respondent went ahead with the proposal and they preferred written objection as Ext.P3 before the first respondent District Collector. The District Collector forwarded it to the second respondent to conduct an enquiry. Thereafter, Ext.P4 notice was issued by the second respondent. According to the petitioners, the second respondent who is also impleaded in his personal capacity, is acting in a biased manner and this is the reason why the petitioners seek a direction that the first respondent himself may hear the matter. 3. I heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondent Electricity Board besides the learned Government Pleader. It is submitted by the standing counsel that the line has been drawn WPC.21790/08 R 3 and it has been energised except in the disputed area (34 metres according to the standing counsel). Needless to say, every statutory authority is bound to exercise its powers always bonafide. Exclusion of bias from the decision making process is the very substance of a fair decision and I am sure that the second respondent will not give rise for any complaint in this regard. The Writ Petition is disposed of directing that a decision will be taken by the second respondent in the matter in accordance with law under Section 16 of the Indian Telegraph Act, after affording an opportunity of hearing to the parties. It is further directed that if the order is passed granting permission, it will not be implemented for a period of one week. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge