BABY DAS.G Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) EXHIBIT P3 order passed by the 4th respondent in exercise of power vested under Section 16 (1) of the Indian Telegraph Act read with Section 164 of the Electricity Act, 2003, is under challenge in this writ petition. The main ground of challenge raised is that, Ext.P3 proceedings was issued without notice to the petitioner.

(2.) THE petitioner objected drawing of electric line to the 5th respondent's residence in a manner crossing his property. The 3rd respondent had approached the 4th respondent invoking Section 16 (1), seeking permission for drawal of the line. It is mentioned in Ext.P3 that notice of hearing was issued to the petitioner as well as to the 5th respondent, for appearance on 05-12-2012 and 11-01-2013. But the petitioner had failed to appear or to submit objections.

(3.) UNDER the above mentioned circumstances Ext.P3 order is hereby quashed. The 4th respondent is directed to conduct fresh adjudication of the matter and to pass appropriate orders, after affording opportunity of personal hearing to the parties concerned. The petitioner will appear before the 4th respondent on 11-07-2013 at 11 a.m. along with a copy of this judgment. The 4th respondent shall proceed to dispose of the matter after issuing notice to all other parties. An adjudication on the basis of the objections raised by the petitioner against drawing of the line shall be done, notwithstanding the fact that the line has already been drawn.