Ponnamma vs The Additional District … on 23 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20609 of 2009(U)


1. PONNAMMA, D/O.KALIYAMMA, AGED 65 YEARS,
                      ...  Petitioner

                        Vs



1. THE ADDITIONAL DISTRICT MAGISTRATE,
                       ...       Respondent

2. THE ASSISTANT EXECUTIVE ENGINEER,

3. ROHINIYAMMA, PUTHIYAVEEDU,

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :23/07/2009

 O R D E R
                        ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 20609 OF 2009 (U)
                 =====================

             Dated this the 23rd day of July, 2009

                           J U D G M E N T

The challenge in this writ petition is against Ext.P2, an order

passed by the Additional District Magistrate exercising his powers

under Section 16 of the Indian Telegraph Act. A reading of the

orders shows that the 3rd respondent applied to the 2nd

respondent for supply of electrical energy. The proposal was to

draw the electric line, a portion of which was to pass through the

petitioner’s property. It was objected to and the 2nd respondent

approached the 1st respondent for removing the obstruction. The

1st respondent thereafter issued notice to the parties and passed

Ext.P2, which is under challenge in this writ petition.

2. A reading of the order shows that except 5 metres of

the line to be drawn, rest of the line is to pass through the

existing pathway used by the 3rd respondent. Therefore, the

petitioner is not affected prejudicially. I do not think in the factual

circumstances, any irregularity can be found in Ext.P2 warranting

interference in this proceedings.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp