IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 13158 of 2009(L) ---------------------------------- PETITIONERS: ----------------- 1. SHARATHCHANDRA KURUP, VRINDAVAN, PALAKKAL, THEVALAKKARA VILLAGE, KARUNAGAPPALLY, KOLLAM. 2. VIMALA DEVI, W/O.SHARATHCHANDRA KURUP, ----DO-----. 3. SASIDHARA KURUP, KALAVIHAR, (PUTHUSSERAZHIKATHU),PALAKKAL, THEVALAKKARA P.O.,KARUNAGAPPALLY,KOLLAM. 4. SANJAY KURUP, PUTHUSSERAZHIKATHU,PALAKKAL, THEVALAKKARA P.O.,KARUNAGAPPALLY,KOLLAM. BY MR.B.KRISHNA MANI – ADVOCATE. RESPONDENTS: ------------------- 1. THE DISTRICT COLLECTOR,KOLLAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, THEVALAKKARA, KARUNAGAPPALLY,KOLLAM DISTRICT. 3. LAILA BEEVI, KOTTOOR PADINJARETHARAYIL, PALAKKAL, THEVALAKKARA,KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. MR. K.C. SANTHOSH KUMAR – GOVERNMENT PLEADER MR. P.P. THAJUDEEN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13158 of 2009 --------------------------------- Dated, this the 21st day of May, 2009 J U D G M E N T The petitioners are owners of certain items of properties. Exts.P1 and P2 are the sale deeds in respect of the properties owned by petitioners 1 & 2. Their allegation is that for giving supply of electricity to the premises of the 3rd respondent, line is attempted to be drawn over their properties. It is stated that although they have filed Ext.P3 representation to the 2nd respondent, ignoring the same, further action was being taken. 2. The learned standing counsel appearing for the respondents 1 & 2 on instructions submits that Ext.P3, an objection filed by the 3rd petitioner, has been received, and in view of this, the matter will be referred to the ADM / the 1st respondent, in terms of the provisions contained under the Telegraph Act. 3. Now that an objection filed by the 3rd petitioner has been received, it is directed that the 2nd respondent shall refer the matter to the 1st respondent as required under the Telegraph Act, treating the same as one filed on behalf of all the petitioners. Immediately WP(C) No.13158/2009 -2- on receipt of the reference as above, the 1st respondent shall issue notice to the petitioners, hear them, and pass final orders. It is also directed that until orders are passed as above, further proceedings for drawing line, if any, through the properties of the petitioners shall not be proceeded with. In order to ensure that the proceedings are expedited, it is directed that the 2nd respondent shall immediately make reference as above, and on its receipt, the 1st respondent shall dispose of the matter as directed above as expeditiously as possible, and at any rate within six weeks thereafter. 4. The parties to produce a copy of this judgment before the respondents for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg