IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22411 of 2008(R)
1. K.M.SAROJINI AMMA,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETATRY TO
... Respondent
2. ASSISTANT ENGINEER,
3. ADDL.TAHSILDAR, TIRURANGADI THALUK
4. DISTRICT COLLECTOR, MASLAPPURAM,
5. K.M.SIVADASAN NAIR,
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :31/07/2008
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 22411 OF 2008 R
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Dated this the 31st day of July, 2008
J U D G M E N T
Petitioner has approached this Court seeking a
mandamus commanding respondents 1 to 4 to refrain from
unduly favouring the 5th respondent to draw electric line
through the property of the petitioner. Learned counsel for
petitioner submits that the petitioner has not given any
consent to draw electric line across her property for giving
connection to the 5th respondent. Learned Government
Pleader, on instructions, submits that no order as such has
been passed under section 16 of the Indian Telegraph Act.
Necessarily, unless permission is obtained under section 16
of the Act, line cannot be drawn across the petitioner’s
property in the light of the resistance of the petitioner and also
that there is no consent given by her. In such circumstances,
writ petition is disposed of directing that unless permission is
obtained under section 16 of the Telegraph Act from the
WPC.22411/08
: 2 :
petitioner, line cannot be drawn across the property of the
petitioner for giving connection to the 5th respondent. Before
giving permission, the petitioner must be given an opportunity
of being heard.
Sd/-
(K.M.JOSEPH, JUDGE)
aks
/TRUE COPY/
P.A.TO JUDGE