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2015 DIGILAW 1392 (KER)

MARY THARIAN v. KERALA STATE ELECTRICITY BOARD

2015-10-06

A.K.JAYASANKARAN NAMBIAR

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JUDGMENT : A.K. JAYASANKARAN NAMBIAR, J. 1. The challenge in the writ petition is against Ext. P9 order passed by the additional 5th respondent, principally on the ground that the incumbent in the office of the Additional District Magistrate, who had heard the petitioner on the objections against the drawing of an electric line for effecting electric connection to the building of the beneficiaries, was different from the incumbent in the same office, who passed Ext. P9 order. The petitioner therefore, alleges violation of the principles of natural justice while passing Ext. P9 order. I have heard the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the official respondents as also the learned Standing Counsel appearing for the respondent Board. 2. On a consideration of the facts and circumstances of the case and the submissions made across the bar, and taking note of the submission of the learned Government Pleader on instructions, that the incumbent in the Office of the Additional District Magistrate, who passed Ext. P9 order, was different from the person, who had actually heard the petitioner, I quash Ext. P9 order and direct the additional 5th respondent, to pass fresh orders in the matter, after hearing the petitioner, the officials of the respondent Board and the beneficiaries, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed as above.