IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WA.No. 438 of 2009() -------------------- {IN WPC.3116/2009 OF THIS COURT} .................... APPELLANT(S): PETITIONER: --------------------------------------------- 1. P.A. JOSE, S/O. LATE ANTONY, KEKKARIKKATTU HOUSE, KARIKKATTOOR POST, MANIMALA VILLAGE, KANJIRAPPALLY TALUK. 2. K.V. THOMAS, S/O.K.J. VARGHESE, KAPPIYIL HOUSE, KARIKKATTOOR KARA & POST, MANIMALA VILLAGE, KANJIRAPPALLY TALUK. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, K.S.E.B, TRANSMISSION DIVISION, POOVANTHURUTHU POST, KOTTAYAM. 3. THE LAND REVENUE COMMISSIONER, REVENUE BOARD, THIRUVANANTHAPURAM. WA.No. 438 of 2009 :: 2 :: 4. THE DISTRICT COLLECTOR, KOTTAYAM. 5. THE TAHSILDAR, KANJIRAPPALLY. 6. THE VILLAGE OFFICER, MANIMALA VILLAGE, MANIMALA POST, KANJIRAPPALLY TALUK. R1 & R2 BY SRI.C.K.KARUNAKARAN - SC FOR KESB R4 TO R6 BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.438 of 2009 ------------------------- Dated this the 25th day of February, 2009. JUDGMENT Koshy, Ag.C.J. The appellants/petitioners object the starting of a Sub Station in Manimala Village, by the Kerala State Electricity Board. It is the case of the appellants that Vellavoor Grama Panchayat by Ext.P7 offered 1 acre of land free of costs and the present station is very near to the Village Office and near to the residence of the second appellant. Respondents submitted that they have got 11 choices. The puramboke land in question was found to be not suitable. It is submitted on behalf of the Board that the work has already started and it is in full swing. They also submitted that in order to meet requirement of power supply to drinking water project, the Board has to set up a Sub Station and it is to be fed from Erumeli and the present place is the most suitable place for a Sub Station. 2. This court cannot consider where a Sub Station should be situated. It is for the Electricity Board to W.A.No.438 of 2009 :: 2 :: decide. Learned single Judge, in the impugned judgment held that in the absence of mala fides or materials, it is not possible to interfere with the decision taken by the Electricity Board. We see no grounds to interfere with impugned judgment. Appeal is accordingly dismissed. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge