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1969 Supreme(Ker) 210

K.K.MATHEW, P.T.RAMAN NAYAR, P.GOVINDA NAIR
BHARAT PLYWOOD AND TIMBER PRODUCTS PRIVATE LTD. – Appellant
Versus
KSEB – Respondent


Judgment :-

1. The prayers in this petition are:

(1) "to quash Ext. P1 Notice",

(2) "to declare the provisions contained in S.51 of the Indian Electricity Act, 1910, and the corresponding provisions contained in the Indian Telegraphic (Sic) Act, 1885, as ultra vires and unconstitutional;"

(3) "to stay all further proceedings in pursuance of Ext. P1" and

(4) "to issue a writ of mandamus or other appropriate writ, direction or order not to enter the premises of the petitioner's company-factory or to cut and remove the improvements standing on the property or drawing the high-tension power lines across the petitioner's property;"

2. The Petitioner is a private limited company which owns about four acres of land, most of which is occupied by buildings, yards, etc. of the factory of the petitioner. It manufactures plywood and other allied products. The property is bounded on the north by the Baliapatarn river and on the south by a public road. In the south of the property owned by the petitioner, adjacent to the public road, there is one acre of vacant land; the proposal in Ext. P1 is to draw a 11 KV line across this one acre of land for the purpose of supplying electrical energy to the fish




























































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