IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 28509 of 2008(R) -------------------------- PETITIONER(S): --------------- PARISHA BEEVI, W/O.LATE JAMALUDEEN, PUTHENVEETTIL, THEKKEMURY, SOORANADU PO., KOLLAM. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. DEPUTY COLLECTOR (GENERAL) AND ADDL. DISTRICT MAGISTRATE, KOLLAM. 3. ASST.EXECUITIVE ENGINEER, ELECTRICAL SUB DIVISION, SASTHAMCOTTA 4. NADEERA, PUTHENVEETTIL, PADINJATTATHIL SOORANADU NORTH, KOLLAM. 5. SULEKHA BEEVI, PUTHENVEETTIL, PADINJATTATHIL SOORANADU NORTH, KOLLAM. 6. THAHSILDAR, KUNNATHUR TALUK, SASTHAMCOTTAH. ADV. SRI.RASHEED C.NOORANAD FOR R4-5 SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R3 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN FOR R1, 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF ORDER DT 8.9.08. P2 COPY OF NOTICE DT 31.10.07. P3 COPY OF STATEMENT OF OBJECTION. P4 COPY OF JUDGMENT DT 30.1.06. P5 COPY OF JUDGMENT DT 14.12.07. P6 NOTICE SENT BY R6. P7 COPY OF A ROUGH SKETCH. RESPONDENTS' EXHIBITS: R4(A) COPY OF ROUGH SKETCH SHOWING THE PUBLIC ROAD, RESIDENCE OF THE PETITIONER AND RESPONDENTS, POST ALREADY ERECTED IN THE PATHWAY. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28509 OF 2008 R ```````````````````````````````````````````````````` Dated this the 23rd day of January, 2009 J U D G M E N T Petitioner challenges Exts.P1 and P2. Ext.P1 is an order passed under section 16 of the Telegraph Act. The principal complaint raised before me is that the petitioner was not afforded an opportunity of being heard. It is not disputed by the respondents. Accordingly, the writ petition is allowed and Ext.P1 is quashed. The petitioner, respondents 4 and 5 and the 3rd respondent or their representatives shall be present before the ADM(2nd respondent) on 4.2.2009 at 11 am and the 2nd respondent shall proceed to hear them and take a decision in the matter in accordance with law within two weeks thereafter. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE