IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WA.No. 10 of 2009() ------------------- {IN WPC.29972/2008 OF THIS COURT} .................... APPELLANT(S): PETITIONER: --------------------------------------------- SRI.K.C.RAMESH, S/O.K.CHANDRASEKHARAN, AGED 45, C-GARDENS, THOTTAKKATTUKARA, ALUVA. BY ADV. SMT.R.RANJINI RESPONDENT(S): RESPONDENTS: ------------------------------------------------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, SUB STATION SUB DIVISION, KURUMASSERRY K.S.E.B, MANNAM P.O., NORTH PARUR. 3. THE KERALA STATE ELECTRICITY BOARD, REP. BY THE SECRETARY, VAIDHUTHY BHAVAN, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SMT.K.MEERA R2 & R3 BY SRI.C.K.KARUNAKARAN - SC FOR KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.No.10 of 2009 ------------------------- Dated this the 20th day of January, 2009. JUDGMENT Koshy, Ag.C.J. The appellant is aggrieved by Ext.P2 passed under Section 16 of the Indian Telegraph Act, granting permission to draw the proposed 33 KV line through the petitioner's property. 2. The said order was passed after a personal hearing and after going through the facts in the matter. The finding of fact cannot be interfered with in a petition under Article 226 of the Constitution of India. Apart from the above, the learned single Judge has not committed any error. We see no grounds to interfere with the impugned judgment. Writ appeal is accordingly dismissed. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy//