IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 14841 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. DIVAKARAN, S/O.KRISHNAN, AGED 56 YEARS, ANEESH BHAVAN, IVERKALA PADINJATTINKARA VADAKKU MURI, KUNNATHUR VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT. 2. JAGADAMMA, W/O.DIVAKARAN, AGED 53 YEARS, ANEESH BHAVAN, IVERKALA PADINJATTINKARA VADAKKU MURI, KUNNATHUR VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): --------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, KOLLAM. 2. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUB DIVISION, EZHAMKULAM, PATHANAMTHITTA DISTRICT. 4. PONNAMMA, W/O.SURENDRAN, VISHNU BHAVAN, IVERKALA PADINJATTINKARA VADAKKU MURI, KUNNATHUR VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 & R3 BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.14841 OF 2009 ------------------------ Dated this the 9th day of June, 2009. JUDGMENT Petitioners submit that the 4th respondent applied for power supply and a proposal was made to draw electric line through the petitioners' rubber plantation resulting in causing damages. It is stated that, when they raised objections, the 3rd respondent filed an application before the first respondent invoking his powers under the Indian Telegraph Act for removing the objections raised by the petitioners. According to the petitioners, while proceedings are thus pending before the first respondent, the first respondent has orally permitted the 4th respondent to draw the line. It is on this allegation the writ petition is filed. Both the Government Pleader and also the Standing Counsel for respondents 2 and 3 informs that application filed before the first respondent is pending and that final WP(c).No.14841/09 2 orders are not passed till date. Taking into account the pendency of the proceedings before the first respondent I dispose of this writ petition with the following directions. The first respondent shall pass final orders on the application made by the 3rd respondent, for drawing electric line at the request of the 4th respondent. Orders shall be passed with notice to the parties, as expeditiously as possible, at any rate within 8 weeks from the date of production of a copy of the judgment. In the meanwhile, further proceedings for drawing line through any portion of the petitioners' properties shall be kept in abeyance, Petitioners shall produce a copy of the judgment before respondents 1 ad 3 for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.14841/09 3