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2002 Supreme(Ker) 235

C.N.RAMACHANDRAN NAIR
Bhavadasan Namboothiri – Appellant
Versus
Addl. District Magistrate – Respondent


Judgment :-

C.N.Ramachandran Nair, J.

The petitioner is contesting Ext. P4 order of the Addl. District Magistrate, Trichur, issued under Sec. 16(1) of the Indian Telegraph Act, 1885 read with Sec.51 of the Indian Electricity Act, 1910 approving the drawing up of electric line with weather proof cable fro giving power connection to the residence of the third respondent. In fact, the connection is given from am electric post standing on the side of a pathway. The Electricity Board gave the connection without taking any consent from the petitioner, who claims title over the pathway, on the assumption that the pathway is a public pathway and giving connection to the beneficiary through weather proof connection does not require any consent from the petitioner. However, when the petitioner objected to the Electricity Board and requested for dismantling of the cable drawn over the pathway without the petitioner’s consent, the third respondent filed O.S. No. 653 of 1993, and the suit was decreed on 18-12-1999 granting permanent prohibitory injunction restraining the petitioner and the Electricity Board officials from disconnecting the electric connection given to the beneficiary’s residenc

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