High Court of KeralaWP(C)/4519/2015disposed of

Abdul Kareem v. V Shamsudeen

2015-03-12Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WP(C).No. 4519 of 2015 (L) --------------------------- PETITIONER:

------------------ ABDUL KAREEM, S/O. MOHAMMED, THAVALENGAL HOUSE, PUZHAKKATTIRI, P.O. PERINTHALMANNA, THROUGH P.A. HOLDER SRI.ABOOBACKER HAJI, S/O.LATE BAVA, AGED 64 YEARS, RESIDING AT NOCILAKATH HOUSE, PERINTHALMANNA, MALAPPURAM DT.

BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENTS:

-----------------------

1. V. SHAMSUDEEN MOULAVI, S/O.BEERANKUTTY HAJI, VADAKKETHIL VEEDU, KAKKOTH P.O., PERINTHALMANNA, MALAPPURAM - 679 322.

2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, PERINTHALMANNA - 679 322, MALAPPURAM DT.

3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY PATTOM, TRIVANDRUM - 670 001 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4519 of 2015 (L) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE AWARD IN O.P.NO.45/2014 PASSED BY THE PERMANENT LOK ADALATH DATED 23.12.14 RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 4519 OF 2015 ------------------------------------ Dated this the 12th day of March, 2015

JUDGMENT

The petitioner is evidently not a party to Ext.P1 award passed by the permanent Lok Adalath, Kozhikode. It is therefore declared that the petitioner is not bound by Ext.P1 award. Hence there is no necessity to quash Ext.P1 award at the instance of the petitioner. The drawing of electricity line is governed by the Indian Telegraph Act only. The permission has to be accorded when motion is made under Section 16 thereof. 2.

Suffice it to say that the permanent Lok Adalath is not entitled to exercise the powers under the Indian Telegraph Act. The electricity line shall not be drawn across the property of the petitioner if there is objection.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd