The Manager, Vilanjoor Devaswom vs The Additional District Magistrate Collectorate

Petitioner filed the Writ Petition challenging Ext.P5 order passed by the Additional District Magistrate, Alappuzha in exercise of his powers u/s 16(1) of the Telegraph Act, 1885. By the impugned judgment, the learned Single Judge dismissed the Writ Petition and therefore this appeal.

We heard the learned counsel for the appellant and also the learned Standing counsel appearing for the Board and the learned counsel appearing for the party respondents.

The reading of the order itself show that the project involves conversion of a single-phase line into a three-phase one and that in the process of drawing the overhead line, only 26 metres of it passes through the property of the appellant and that too through its southern boundary. The alignment now accepted in Ext.P5 can be seen to be the least injurious one and this factual aspect has been confirmed by the learned Single Judge also. In such circumstances, we are not persuaded to think that the order or the judgment of the learned Single Judge suffers from any illegality justifying interference in this appeal.

Writ Appeal fails and accordingly it is dismissed.