JOSEPH VARKEY Vs. KSEB

JUDGEMENT

(1.) THESE writ applications raise a common question and the question is whether the State Government acted in accordance with law and in compliance with the provisions of the Indian Electricity Act, 1910, and not in violation of any other law in having passed an order purporting to be under s. 51 of the Indian Electricity Act, conferring on the Chief Engineer, all superintending Engineers and all Executive Engineers under the Kerala State electricity Board, the powers which the telegraph authority possessed under the indian Telegraph Act, 1885, in respect of the placing of telegraph lines and posts for the purpose of a telegraph established or maintained by the government or to be so established or maintained. The Section which has enabled the State Government to so empower is S. 51 of the Indian Electricity Act which runs as follows: "51. Notwithstanding anything in S. 12 to 16 (both inclusive) and S. 18 and 19 the State Government may, by order in writing, for the placing of electric supply-lines, appliances and apparatus for the transmission of energy or for the purpose of telephonic or telegraphic communications necessary for the proper co-ordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying energy to the public under this Act, subject to such conditions and restrictions (if any) as the State Government may think fit to impose, and to the provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph-authority possesses under that Act, with respect to the placing of telegraph-lines and posts for the purposes of a telegraph established or maintained by the Government or to be so established or maintained".

(2.) IT is not denied that there has been an order passed by the State Government under the above section. The point made is that in exercising the powers conferred on the State Government under S. 51, the principles of natural justice should not be violated. IT is so contended on the basis that the exercise of power under the above section is quasi-judicial in nature.

(3.) THE application of the relevant sections, S. 10 to 17 of the Indian Telegraph Act, would certainly result in the deprivation of the right not only to object to the laying of lines and similar operations, but would dispense with the requirement contained in S. 12 of the Indian Electricity act that the consent of the persons affected must be obtained. This is the reason why attack has been made on the alleged exercise of power by the State government under S. 51 of the Indian Electricity Act making the provisions of the Indian Telegraph Act applicable.