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Muhamed Salim Vs. the Assistant Executive Engineer, K.S.E.B., Vadakara

Muhamed Salim vs The Assistant Executive Engineer, K.S.E.B., Vadakara

Type Court Judgment Court Kerala Decided Jan 30, 2013
~2 min read
https://sooperkanoon.com/case/1015413

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Muhamed Salim

Respondent

The Assistant Executive Engineer, K.S.E.B., Vadakara

Excerpt

.....this review petition having come up for admission on 30-01-2013, the court on the same day passed the following: ns rp.no. 14 of 2013 (e) appendix petitioner(s) exhibits : ext.p1 : copy of the judgment dated 19 10.2012 w.p.c.no.24849 of 2012-e. respondent(s) exhibits : nil / true copy / ns p.a. to judge c.k. abdul rehim, j -------------------------------- review petition no. 14 of 2013 in w.p.c. no.24849 of 2012-e -------------------------------- dated this the 30th day of january 2013 order heard counsel on both sides. it is pointed out by counsel for review petitioner that ext.p2 contains an alternative prayer for shifting of the electric line from the present alignment. on that basis a clarification is sought for to the effect of directing respondents 1 and 2 to consider ext.p2 as if it is a claim for shifting, filed under section 17(1) of the indian telegraph act.2. i am of the opinion that there is no impediment in treating ext.p2 as a request for shifting of the line, made under section 17(1).3. therefore, the review petition is allowed and the judgment is clarified to the effect of directing respondents 1 and 2 to consider ext.p2 on the basis of the request for shifting of the line and to take a decision thereof, after affording a reasonable opportunity of hearing to all the parties concerned. the judgment as such will apply in all other respect. sd/- c.k. abdul rehim judge ns

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 RP.No. 14 of 2013 (E) IN WP(C).24849/2012 ------------------------------------------ AGAINST THE ORDER/JUDGMENT IN WP(C).24849/2012 of HIGH COURT OF KERALA DATED 19 10-2012 ----------------------------------------------------------- REVIEW PETITIONER(S)/(WRIT PETITIONER) : ------------------------------------------------------------ MUHAMED SALIM , S/O.KUNHABDULLA,THARAVATTATHU,VADAKARA TALUK, CHERAPURAM AMSOM DESOM,POST POOLAKKUL 67 507. BY ADV. SRI.D.KRISHNA PRASAD RESPONDENT(S): ------------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION OFFICE,VATAKARA 67 507.

2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD,VATAKARA SOUTH, VATAKARA 67 101.

3. THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE 67 001.

4. KUNHABDULLA HAJI, S/O.MOIDEEN,'THARAVATTATHU',VATAKARA TALUK, CHERAPURAM AMSOM DESOM,POST POOLAKKUL 67 507.

5. SMT.NARAYANI, W/O.KUNHIRAMAN,VATAKARA TALUK, CHERAPURAM AMSOM DESOM, POST POOLAKKUL 67 507. BY GOVERNMENT PLEADER ADV. SRI. ALOYSIUS THOMAS BY SRI.SAJEEVKUMAR K.GOPAL,S.C.,K.S.E.B. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS RP.No. 14 of 2013 (E) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : COPY OF THE JUDGMENT DATED 19 10.2012 W.P.C.NO.24849 OF 2012-E. RESPONDENT(S) EXHIBITS : NIL / TRUE COPY / NS P.A. TO JUDGE C.K. ABDUL REHIM, J -------------------------------- Review Petition No. 14 of 2013 in W.P.C. NO.24849 of 2012-E -------------------------------- Dated this the 30th day of January 2013 ORDER

Heard counsel on both sides. It is pointed out by counsel for review petitioner that Ext.P2 contains an alternative prayer for shifting of the electric line from the present alignment. On that basis a clarification is sought for to the effect of directing respondents 1 and 2 to consider Ext.P2 as if it is a claim for shifting, filed under Section 17(1) of the Indian Telegraph Act.

2. I am of the opinion that there is no impediment in treating Ext.P2 as a request for shifting of the line, made under Section 17(1).

3. Therefore, the review petition is allowed and the judgment is clarified to the effect of directing respondents 1 and 2 to consider Ext.P2 on the basis of the request for shifting of the line and to take a decision thereof, after affording a reasonable opportunity of hearing to all the parties concerned. The judgment as such will apply in all other respect. Sd/- C.K. ABDUL REHIM JUDGE NS

Continue Your Research

Same Court & Year Kerala · 2013 Same Parties Muhamed Salim vs The Assistant Executive Engineer, K.S.E.B., ... Same Subject Education Same Judge Honourable Mr.Justice C.K.Abdul Rehim
Education

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