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High Court of KeralaWP(C)/15030/2010dismissed

Muttathukattil Kurian v. Addl.District Magistrate, Kannur

2015-02-20Honourable Mr.Justice A.M.Shaffique4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 15030 of 2010 (C) ---------------------------- PETITIONER(S):

------------- MUTTATHUKUTTIL KURIAN, S/O. PAILEE, AGED 69 YEARS, KUTTAPARAMBU POST ALAKODE, THALIPARAMBA, KANNUR.

BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S):

-----------

1. THE ADDITIONAL DISTRICT MAGISTRATE KANNUR DISTRICT, COLLECTORATE, KANNUR.

2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, K.S.E.B., THALIPARAMBA KANNUR.

3. JOSEPH PEZHAKKATTIL,KUTTAPARAMBU POST, ALAKODE THALIPARAMBA, KANNUR.

BY GOVERNMENT PLEADER SMT. M.J. RAJASREE BY SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15030 of 2010 (C) APPENDIX PETITIONER'S EXTS:

EXT.P1: TRUE COPY OF THE SKETCH PREPARED BY THE PETITIONER EXT.P2: TRUE COPY OF THE ORDER REF. A-6-35643/2009 OF THE IST RESPONDENT DATED 22-4-2010

A.M. SHAFFIQUE, J.

............................................................ W.P. (C ) No. 15030 f 2010 .............................................................. Dated : 20 - 02 - 2015

JUDGMENT

Petitioner challenges Ext. P2 order passed by the Addl. District Magistrate, Kannur, exercising the power under Section 16 (1) of the Indian Telegraph Act, 1885 read with Sec. 164 of the Indian Electricity Act, 2003.

2.

A perusal of Ext. P2 indicates that the first respondent has considered the issue relating to the drawal of line and had arrived at a conclusion obtaining appropriate reports from the Tahsildar. It is contended by the petitioner that the objection raised by the petitioner has not been considered. A perusal of the order indicates that appropriate directions had been issued after

W.P. (C ) No. 15030 f 2010 considering the objection of the petitioner as well. There is no violation of principles of natural justice.

Under such circumstances, I do not think that the petitioner is justified in challenging Ext. P2 order. Accordingly, this Writ Petition is dismissed.

A.M. SHAFFIQUE (Judge) ani/