Disposed

Abdul Azeez v. Sulaiman

Kerala HC21 Feb 2012WP(C)/3776/2012

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought direction to the Additional District Magistrate to decide pending proceedings under the Telegraph Act within six weeks and directed restraint on the Assistant Executive Engineer from drawing lines across petitioner's property until conclusion of said inquiry.

What did the court decide?

Directed the Additional District Magistrate to dispose of proceedings within six weeks; restrained the 2nd respondent from drawing lines to the 1st respondent's property pending finality.

Abdul Azeez Vs Sulaiman — Property and Title | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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TUESDAY, THE 21ST DAY OF FEBRUARY 2012/2ND PHALGUNA 1933

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WP(C).No. 3776 of 2012 (V)

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PETITIONER:

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ABDUL AZEEZ

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S/O.MUHAMMEDKUTTY RAWTHER, AGED 74 YEARS, PALLAM, MUTHALAMADA, CHITTUR TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.RAJESH SIVARAMANKUTTY

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RESPONDENTS:

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SULAIMAN

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S/O.SAIVU @ YUSUF RAWTHER, PALLAM, MUTHALAMADA CHITTUR TALUK, PALAKKAD DISTRICT - 678 001.

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ASSISTANT EXECUTIVE ENGINEER

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OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER

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ELECTRICAL DIVISION, KSEB, MUTHALAMADA

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CHITTUR TALUK, PALAKKAD DISTRICT - 678 101.

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THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD COLLECTORATE CIVIL STATION COMPLEX, PALAKKAD - 678 001.

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R2 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB BY SRI.K.M.SATHYANATHA MENON,SC,KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3776 of 2012 (V)

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P-1: TRUE COPY OF THE PETITION NUMBERED AS D3 2011/38966/9.

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EXT.P-2: TRUE COPY OF THE NOTICE NO.D3-2010/2232/9 ISSUED BY 3RD RESPONDENT FOR ENQUIRY UNDER SECTION 16(1) OF TELEGRAPH ACT.

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EXT.P-3 TRUE COPY PETITION FILED BEFORE THE 3RD RESPONDENT BY THE PETITIONR DT.12-1-2012.

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RESPONDENTS' EXHIBITS : NIL

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//True Copy//

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P.A. to Judge.

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- - - - - - - - - - - - - - - - - W.P.(C) No.3776 of 2012

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B.P. RAY, J.

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- - - - - - - - - - - - - - - - Dated this the 21^st day of February, 2012.

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned Standing Counsel for KSEB.

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The petitioner has filed this writ petition with the following

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prayers:

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Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3^rd respondent to pass orders on Ext.P3 within a time frame that may be fixed by this Hon'ble Court.

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Declare that the 2^nd respondent cannot take steps to draw line to the property of the 1^st respondent, by crossing the property of the petitioner until the enquiry into Exts.P1 and P2 has attained finality by means of an appropriate writ, order or direction.

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The learned Standing Counsel submits that the matter under Section 16(1) of the Telegraph Act is pending before the learned Additional District Magistrate and the case is posted to 07.03.2012.

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In that view of the matter, this writ petition is disposed of with a direction to the Additional District Magistrate to dispose the proceedings within six weeks from the date of receipt of a copy of this judgment. Till the proceedings under Section 16(1) of the Telegraph Act is finalised, no line shall be drawn.

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sd/- B.P. RAY, JUDGE.

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B.P. RAY, J.

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O.P.No. 13887 of 2002

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Dated this the 17^th day of February, 2012.

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JUDGMENT

Abdul Azeez v. Sulaiman

Case brief

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Abdul Azeez v. Sulaiman

Case brief

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