IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WA.No. 1575 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13213/2009 Dated 13/07/2009 .................... APPELLANT(S): PETITIONER ------------------------ SUSAMMA VARGHESE, WIFE OF GEE VARGHESE, RESIDING AT THADATHIL POIYKAYIL (T.P.HOUSE), KULATHUPUZHA PANCHAYAT, THINKALKARIKKAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): RESPONDENTS -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KOLLAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, ANCHAL, KOLLAM. 4. SURENDRAN, POIYKUAVIL VEEDU, KUMARAM KARIKKAM, KULATHUPUZHA, KOLLAM. 5. MANI, POIYKAVIL VEEDU, KUMARAM KARIKKAM, KULATHUPUZHA, KOLLAM. 6. SUDHARMANI, ASWATHY BHAVANAM, KUMARAM KARIKKAM, KULATHUPUZHA, KOLLAM. 7. KRISHNAN, POIYKAVIL VEEDU, KUMARAM KARIKKAM, KULATHUPUZHA, KOLLAM. 8. REGHUPATHY, POIYKAVIL VEEDU, KUMARAM KARIKKAM, KULATHUPUZHA, KOLLAM. 9. MADHAVAN, POIYKAVIL VEEDU, KUMARAM KAIKKAM, KULATHUPUZHA, KOLLAM. 10. SASIDHARAN, POIYKAVIL VEEDU, KUMARAM KARIKKAM, KULATHUPUZHA, KOLLAM. 11. SATHYAN, POIYKAVIL VEEDU, KUMARAM KARIKKAM, KULATHUPUZHA, KOLLAM. 12. GIRIJA VIJAYAN, AGED 38 YEARS, W/O.VIJAYAN, RESIDING AT AMBADI, KUMARAM KARIKKAM, KULATHUPUZHA MURI, THINKALKARIKKAM VILLAGE, KOLLAM DISTRICT. (IMPLEADED AS PER ORDER IN IA 6482/2009). GOVT.PLEADER SRI.BENJAMIN PAUL. SRI.C.K.KARUNAKARAN, S.C., KSEB ADV.SRI.K.SIJU, R4,R5 & R12. ADV.SRI.P.PRATHEESH(R5) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.1575 of 2009 ---------------------------------------------- Dated 22nd July, 2009. J U D G M E N T S.R.Bannurmath, C.J. Aggrieved by the rejection of the writ petition by the learned Single, the present appeal is filed. The writ petition was filed challenging Ext.P3 order passed by the Additional District Magistrate, exercising the power under Section 16 of the Indian Telegraph Act, 1885. 2. It is worth mentioning that the main objection of the appellant is regarding the drawing of electric line through the pole in existence in her property to the property of the neighbouring party respondents. As per Ext.P3, it is proposed to supply electricity by drawing extended line from the pole in existence in the appellant's property. Absolutely there are no allegations of malafides or even any damage or disturbance caused or likely to be caused to the appellant by the arrangement WA NO.1575/2009 2 as proposed in Ext.P3. As such, in our view, the learned Single Judge was justified in rejecting the writ petition. Hence we affirm the judgment and dismiss the appeal. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.1575 of 2009 ---------------------------------------------- J U D G M E N T Dated 22nd July, 2009.