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2014 Supreme(Ker) 95

ANTONY DOMINIC, ANIL K.NARENDRAN
Moan M. Joseph – Appellant
Versus
Assistant Executive Engineer – Respondent


Advocates Appeared:
For the Appellants:C.A. Navas, M.S. Shiraz Abdulla, Advocates.
For the Respondents:R1 & R2, Sajeevkumar K. Gopal, SC, KSEB, R3, G. Biju, R5, S. Vinod Bhat, Legith T. Kottakkal, Advocates.

Judgment

Antony Dominic, J.

1. Petitioners in W.P(C).No.4934/13 are the appellants. They filed the writ petition challenging Ext.P3 order passed by the 4th respondent on a petition filed by the 5th respondent under section 17 of the Indian Telegraph Act, 1885. By that petition, he sought for the shifting of an electric line passing through his property to an adjacent public pathway. By Ext.P3 order, overruling the objections raised by the appellants, the request was allowed. It was in these circumstances that the writ petition was filed. The writ petition was dismissed by the learned single Judge upholding Ext.P3 order but clarifying that posts shall be erected without in any manner adversely affecting the vehicular traffic. It is aggrieved by this judgment, this appeal has been filed.

2. We heard the learned counsel for the appellants, standing counsel appearing for respondents 1 and 2, standing counsel appearing for the third respondent, learned Government Pleader for the 4th respondent and the learned counsel appearing for the 5th respondent.

3. As we have already stated, the power of the 4th respondent that was invoked by the 5th respondent was under section 17 of the Indian Te







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