High Court Kerala High Court

Johnkutty K.S. vs The Kerala State Electricity … on 25 November, 2008

Kerala High Court
Johnkutty K.S. vs The Kerala State Electricity … on 25 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29728 of 2008(L)


1. JOHNKUTTY K.S.,AGED 47 YEARS,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. ASST. EXECUTIVE ENGINEER,

3. HE DISTRICT COLLECTOR, ALAPPUZHA.

4. XAVIER, MADATHIL HOUSE, THURAVOOR P.O.,

5. THE ADDL.DISTRICT MAGISTRATE,

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  :SRI.T.R.JAGADEESH

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :25/11/2008

 O R D E R
                            K.M. JOSEPH, J.

              ````````````````````````````````````````````````````
                   W.P.(C) No. 29728 OF 2008 L
              ````````````````````````````````````````````````````
            Dated this the 25th day of November, 2008

                            J U D G M E N T

Petitioner challenges Ext.P4. It is an order under

section 16 of the Indian Telegraph Act, 1885. The Additional

District Magistrate has granted permission for drawing line along

the alignment ABCDE that is drawing the line after erecting an

additional post in the south western corner of the property of the

petitioner and bank of the thodu under section 16(1) of the Indian

Telegraph Act.

2. I heard learned counsel for the petitioner, learned

standing counsel for the Board, learned counsel for the 4th

respondent and learned Government Pleader. Learned counsel

for the petitioner would submit that there were two proposals. The

second proposal is not seen considered. The second proposal

would involve the drawing of line over the property of one Sheeba

for 4 meters and the rest of the line drawn across the pathway. He

further submits that as far as the petitioner is concerned, the

petitioner is proposing to construct a house in the property and he

WPC.29728/08
: 2 :

cannot construct a house for his daughter, if the line is drawn as

allowed. It is submitted by respondent that only 7 meters of OH

line will pass through the property of the petitioner.

3. A perusal of the impugned order would show that the

petitioner and Sheeba have opposed both proposals. There is no

pleading in the writ petition to show that that is not correct.

Whatever that be, even assuming the petitioner did not oppose the

second proposal, Smt.Sheeba is not a party in the writ petition.

Apparently, 4 meters line would have to be drawn through the

property of Sheeba and length of nearly 21 meters of OH line will

pass through the so called pathway. Having considered the facts,

I would think that this is not a fit case where I should interfere in

Article 226. I note the fact that in the course of argument the

petitioner had pointed out to the Magistrate another alignment

which was also examined. This court will not sit as an appellate

court and in such circumstances, I see no merit in the writ petition

and it is dismissed.

(K.M.JOSEPH, JUDGE)
aks