JUSTIN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners say that they are aggrieved by Ext.P4 order issued by the 2nd respondent- Additional District Magistrate, under the provisions of the Indian Telegraph Act, approving an alignment suggested by the Kerala State Electricity Board (the KSEB for brevity), to draw an electric line for the 4 th respondent, who is the beneficiary of such connection.

(2.) The singular allegation of the petitioners is that even though the proposed line would cause irreparable prejudice to them and though there are other alternative routes that can be easily adopted by the KSEB, the Additional District Magistrate has issued Ext.P4 approving the alignment suggested by the KSEB but without giving them an opportunity of being heard. The petitioners say that even though it is recorded in Ext.P4 that they were issued notices from the Office of the Additional District Magistrate, no such notice had been received by them; and therefore, that they could not appear before the said Authority when the matter was considered. They say that, therefore, the matter be directed to be reconsidered by the Additional District Magistrate so they can place before him the alternate alignments which would cause no prejudice to any person, least of all to the KSEB or the 4th respondent.

(3.) Smt.C.S.Sheeja, the learned Government Pleader, appearing on behalf of the official respondents, submits that notices of hearing had been issued to all the parties, including the petitioners herein, through the concerned Village Office and she says that such notices were served on them. She, however, admits that there is nothing to show from Ext.P4 as to the manner in which these notices were served, except the record therein that the petitioners have been served. She says that, therefore, if this court is so inclined, the 2nd respondent- Additional District Magistrate is willing to hear the petitioners and reconsider Ext.P4 within a short period of time.