IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 193 of 2008()
1. MADHAVANKUTTY NAIR, EDATTUKANDATHIL
... Petitioner
Vs
1. THE DISTRICT COLLECTOR AND
... Respondent
2. THE SUB DIVISIONAL ENGINEER (PHONES),
3. SHRI.P.V.GEORGE, PALATHANATTU PADAVIL,
4. THOMAS.P.J., PARAYIL, DO. DO.
5. SAVITHRI AMMA,
For Petitioner :SRI.S.EASWARAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :22/01/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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Writ Appeal No. 193 of 2008
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Dated this the 22nd day of January, 2008
Judgment
Koshy,J.
Appellant raised objections when telephone line was
drawn to the residential premises of respondents 3 to 8 from a post
in his property. The above obstruction was removed by first
respondent exercising his power under section 16 (1) of the Indian
Telegraphs Act. The above was challenged by the appellant by
filing O.P. No.21510 of 1999. It was dismissed and Writ Appeal
No.2105 of 2002 was filed. The writ appeal was also dismissed.
Thereafter, he approached the first respondent suggesting an
alternate route. That route was considered by the respondent in
detail and that route was rejected. First respondent came to the
conclusion that the alternate route suggested by the
appellant/petitioner is of 2 k.m. distance and it is not feasible. It is a
finding of fact. The learned single Judge found that no grounds are
made out for interfering in the above finding of fact and the writ
petition was dismissed. The learned single Judge also found that
there is no merit in the suggestion made by the appellant/petitioner.
W.A.No. 193/2008 2
We fully agree with the view of the learned single Judge. On the
facts of this case, we are of the opinion that the finding of fact
entered by the first respondent need not be interfered by using the
extra-ordinary powers under article 226 of the Constitution of India
since there is no patent illegality or perverse finding. The appeal is
dismissed.
J.B.Koshy
Judge
K. Hema
Judge
vaa
W.A.No. 193/2008 3
J.B. KOSHY
AND
K.HEMA ,JJ.
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Writ Appeal No.193 of 2008
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Judgment
Dated:22nd January, 2008