High Court Kerala High Court

A.M.Thomas vs Dist.Magistrate on 7 September, 2009

Kerala High Court
A.M.Thomas vs Dist.Magistrate on 7 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 30002 of 2001(V)



1. A.M.THOMAS
                      ...  Petitioner

                        Vs

1. DIST.MAGISTRATE, DIST.COLLECTOR, PTA
                       ...       Respondent

                For Petitioner  :SRI.K.R.SUNIL

                For Respondent  :SRI.P.HARIDAS

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :07/09/2009

 O R D E R
                            S. Siri Jagan, J.
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                      O.P. No. 30002 of 2001
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                Dated this, the 7th September, 2009.

                           J U D G M E N T

The petitioner challenges Ext. P7 order of the 1st respondent

under the Indian Telegraph Act, whereby the 1st respondent granted

permission to the 2nd respondent to draw electric line to the 3rd

respondent’s premises through the petitioner’s property. The

petitioner contends that there is an alternate route, which is easier

and cheaper, which has not been considered by the District

Magistrate while passing Ext. P7 order.

2. I have considered the rival contentions.

3. Ext. P7 order was passed as early as on 2-8-2001. The

petitioner was not able to obtain an interim order in this original

petition. The District Collector has relied upon a site inspection

report submitted by the Deputy Collector (Housing) to hold that there

is no alternate route other than one proposed by the Kerala State

Electricity Board. The petitioner has not produced any materials to

disprove the same.

Therefore, I do not find any merit in the original petition and

accordingly the same is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

S. Siri Jagan, J.

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O.P. No. 30002 of 2001
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J U D G M E N T

7th September, 2009.