IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19392 of 2008(H) --------------------------------------------- PETITIONER: ----------------- SUJATHA, W/O.SASI, KANJENGAD HOUSE, P.O.PUNAYOORKKULAM, THRISSUR DISTRICT. BY ADV. SRI.K.RAMACHANDRAN SRI.S.SREEDEV RESPONDENTS: ---------------------- 1. KERALA STATE ELECTICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL SUB DIVISION),P.O. PUNNAYOORKKULAM, THRISSUR DISTRICT. 3. THE ADDITIONAL DISTRICT MAGISTRATE (R.D.O), COLLECTORATE, THRISSUR. 4. THE VILLAGE OFFICER, PUNNYOORKKULAM VILLLAGE, P.O, PUNNAYOORKKULAM, THRISSUR DISTRICT. 5. SMT.V.KAMALA, PARAKKAT HOUSE, P.O. PUNNAYOORKKULAM, THRISSUR DISTRICT. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 R3 & R4 BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 19392 OF 2008 H -------------------------------------- Dated this the 2nd July, 2008 JUDGMENT Petitioner is the wife of one Shri Sasi. Shri Sasi is abroad. In the meantime, steps are afoot to draw electric line across the property of Shri Sasi. Proceedings have been commenced before the District Magistrate under Section 16 of the Indian Telegraph Act. Petitioner has approached this Court seeking a mandamus to respondents 1 to 4 not to take steps for drawing electricity line through the residential compound belonging to the petitioner and wherein the petitioner alone is now residing and situated in RS No.207/7 of Punnayoorkkulam Village. Apparently, the connection is sought for giving supply to the fifth respondent. Learned Government Pleader on instructions submits that the matter is pending before the District Magistrate and the petitioner was heard on 28.5.2008 and a site inspection was conducted on 24.6.2008. Even though it may be true that there was a hearing, the submission on behalf of the petitioner WPC. 19392/08 H 2 was that the matter may be adjourned till her husband returns from abroad. In such circumstances, I feel that an opportunity should be granted to the petitioner to make her submissions on the merits of the matter and the District Magistrate can take a decision in accordance with law. Accordingly, the Writ Petition is disposed of as follows: Petitioner is given two weeks' time from today to file all objections she has against drawing of the line before the third respondent. The third respondent will, after giving an opportunity of being heard to the petitioner, the second respondent and the fifth respondent, pass appropriate orders in accordance with law. Orders shall be passed within a period of six weeks from the date of filing the objection. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge