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 TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WA.No. 1131 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.8428/2009 Dated 17/03/2009 .................... APPELLANT/PETITIONER: -------------------------- MADHAVANKUTTY NAIR, EDATTUKANDATHIL HOUSE, P.O.NECHIPUZHOOR, LALAM VILLAGE, VIA.PALA. BY ADV. SRI.S.EASWARAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KOTTAYAM. 2. THE SUB DIVISIONAL ENGINEER (PHONES), RAMAPURAM P.O., RAMAPURAM BAZAR, PALA. 3. SHRI P.V.GEORGE, PALATHANATTU PADAVIL, P.O.NECHIPUZHOOR, VIA.PALA. 4. THOMAS P.J., PARAYIL, DO. DO. 5. SAVITHRI AMMA, SUCCESSOR TO KRISHNAN NAIR, KURUNDANATTU HOUSE, DO. DO. 6. JOY THOMAS, AVIMOOTTIL HOUSE, DO. DO. R1 BY SR. GOVT. PLEADER, SRI. BENJAMIN PAUL. R2 BY ADV. SRI.M.V.S.NAMBOODIRI, SC BSNL SMT.PUSHPAVATHY.K, ADVOCATE COMMISSIONER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1131 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2009 JUDGMENT Kurian Joseph, J. Appellant is the writ petitioner. The issue pertains to the drawing of a telephone line. 2. During the pendency of the writ appeal before us, we had appointed an advocate commissioner and she has submitted a report. While considering the matter also in the light of the commission report it was submitted that, the appellant/petitioner may be permitted to make appropriate representation before the concerned Engineer for drawing the line underground. Annexure A6 is the representation. Therefore, at this stage it is not necessary to go into the merits of the case. We dispose of the Writ Appeal directing the Sub Divisional Engineer(Phones), Ramapuram, Pala to consider Annexure A6 representation with notice to the appellant/petitioner,adverting to the contentions taken by the WA No.1131/09 -:2:- appellant/petitioner in Annexure A6 and the Commission Report referred to above, and pass appropriate orders in accordance with law, within three months from the date of receipt of a copy of this judgment, untrammelled by the observations and findings in the judgment under appeal. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb