LAWS(KER)-2017-2-64

V.J. JOSEPH, SON OF LATE ULAHANNAN, AGED 56 YEARS, AGRICULTURIST, VIRIPPAMATTHATHIL HOUSE, MATHOTHUPOYIL, ANJUKUNNU AMSOM AND DESOM, ANJUKUNNU P.O., MANATHANVADY TALUK, WAYANAD DISTRICT Vs. POWER GRID CORPORATION OF INDIA LTD., REPRESENTED BY DEPUTY GENERAL MANAGER, AREEKODE, UGRAPURAM P.O., MALAPPURAM DISTRICT. PIN

Decided On February 03, 2017
V.J. Joseph, Son Of Late Ulahannan, Aged 56 Years, Agriculturist, Virippamatthathil House, Mathothupoyil, Anjukunnu Amsom And Desom, Anjukunnu P.O., Manathanvady Taluk, Wayanad District Appellant
V/S
Power Grid Corporation Of India Ltd., Represented By Deputy General Manager, Areekode, Ugrapuram P.O., Malappuram District. Pin Respondents

JUDGEMENT

(1.) The revision petitioner is the petitioner in OP (Ele.) No. 41/2012 on the file of Additional District Court-I, Kalpetta, claiming compensation, which has been dismissed, holding that no trees were removed from his property and he cannot approach the court directly claiming compensation. It is challenging this, the revision petitioner has approached this Court.

(2.) It is urged before this Court that the petitioner had filed an application for appointing a commissioner, but, that was not considered by the court below.

(3.) The question arose as to the nature of the power, that could be exercised by the District Judge under Sec. 16(3) of the Indian Telegraph Act, 1885 (for short, "the Act"). In this context, it is appropriate to refer to the above provision, which reads as follows;