C.K.MOHANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are owners in possession and enjoyment of property comprised in Sy No.97/1 and 92 of Nenmara Village having an extent of 4 Acres. An electric line was drawn through the property of the petitioners for providing connection to the 5th respondent by planting a post and by installing a stay wire. When the petitioners objected such actions, the 4th respondent took up the matter before the 3rd respondent. The 3rd respondent after considering the objections held that there is no considerable hardships caused to the petitioners by drawal of the HT line in question, and hence overruled the objections.

(2.) ACCORDING to the petitioners the exercise of jurisdiction vested under Section 16 (1) of Indian Telegraph Act by the 3rd respondent, after establishment of the line in question, was highly erroneous and improper. However, since the electric post and stay wire were already established and the line was drawn, the petitioners have submitted Ext.P2 application before the 4th respondent seeking shifting of the line in question, invoking Section 17 of the Indian Telegraph Act. Since Ext.P2 has not been considered by the 4th respondent, this writ petition is filed.

(3.) THE above submission is recorded and the writ petition is disposed of directing the 4th respondent to consider Ext.P2 and to take an appropriate decision thereon, after affording an opportunity personal hearing to the petitioners and any other parties affected. A decision on the request for shifting of the line shall be taken at the earliest possible, at any rate within a period of 6 weeks from the date of receipt of a copy of this judgment.