RASHEEDH Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) PETITIONERS are owners of 5 cents of land comprised in survey No.176/1 of Thomattuchal Village in Sulthan Batherry Taluk. This writ petition is filed aggrieved by Ext.P1 order issued by the 1st respondent permitting the 2nd respondent to draw electric line through the said property for giving connection to the 3rd respondent. Contention of the petitioners is that line if permitted will cause severe prejudice and damages to the petitioners. According to the petitioners, Ext.P1 order was issued without issuing notice to them and without affording any opportunity to object the proposal for drawing the line. It is contended that there are alternative and less expensive routes available, without adversely affecting the entire property of the petitioners. Eventhough the petitioner submitted Ext.P2 request before the 1st respondent to reconsider the matter, no steps has been taken. Hence this writ petition is filed.

(2.) IN the counter affidavit of the 3rd respondent it is contended that notice with respect to Ext.P1 proceedings was attempted to be served on the petitioners through Village Officer, but they have refused. However, on a perusal of Ext.P1 it does not indicate anything about service of notice on the petitioners. Further it is evident that the petitioners are cited as respondents in Ext.P1 without mentioning their full address. Eventhough it is mentioned in Ext.P1 that a hearing was conducted, it is not clear as to whether the petitioners have participated in the hearing or not.

(3.) THEREFORE the writ petition is allowed and Ext.P1 is hereby quashed. The 1st respondent is directed to consider the matter and to take a fresh decision after affording reasonable opportunity of hearing to the petitioners, 3rd respondent and any other affected parties. The 1st respondent shall consider feasibility of the alternate route if any suggested by the petitioners. A decision in this regard shall be taken at the earliest possible. The petitioners as well as respondents 2 and 3 are directed to appear before the 1st respondent for a personal hearing on 6.12.2012. The 1st respondent shall thereupon proceed to dispose of the matter afresh after taking note of the directions contained hereinabove. At any rate a fresh decision shall be taken within a period of one month from the date of hearing fixed as above.