IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 35491 of 2009(F) -------------------------- PETITIONER(S): --------------- THE MALAYAALEE REALTORS INDIA LTD,O.S-63 IV-TH FLOOR,C.M.D.S.COMMERCIAL COMPLEX,MARINE DRIVE,KOCHI-682031,REP;BY ITS M.D.SHRI.FRANCIS MUKKANIKKAL,49,S/O.LATE M.A.JOSEPH,RESIDING AT MUKKANIKKAL HOUSE, AVOTTIL ROAD,NANDIATTUKUNNAM, NORTH PARAVOOR,ERNAKULAM DISTRICT-683 513). BY ADV. SRI.K.HARILAL RESPONDENT(S): --------------- 1. THE POWER GRID CORPORATION OF INDIA LTD, (A GOVERNMENT OF INDIA ENTERPRISE)REPRESENTED BY ITS CHAIRMAN,CORPORATE OFFICE,"SAUDAMINI", PLOT NO.2,SECTOR-29,GURGOAN,HARYANA-122001. 2. THE REGIONAL DIRECTOR,M/S.POWER GRID CORPORATION OF INDIA LIMITED,REGIONAL OFFICE,32, RACE COURSE ROAD,BANGALORE-560 001. 3. THE CHIEF MANAGER,M/S.POWER GRID CORPORATION OF INDIA LIMITED,CONSTRUCTION AREA OFFICE,"CHANDINI",PLOT NO.NO.190-B,MAVELIPURAM COLONY,P.O.KAKKANAD,KOCHI-682030. ADV. SRI.MILLU DANDAPANI FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 35491 of 2009 -------------------------------------- Dated, this the 18th day of January, 2010 J U D G M E N T The petitioner has approached this Court with the following reliefs: (i) To call for the records relating to Exts.P1 to P12 and to issue a writ of certiorari or any other appropriate writ, direction or order quashing Ext.P10 Order being arbitrary, illegal, unsustainable and without application of mind; (ii) To issue a writ of mandamus or any other appropriate writ, direction or order directing respondents to consider and take a decision on the proposal put forward by the petitioner for diversion of ten degree in the existing 200 KVA electric line while the line is being enhanced as 400 KVA; (iii) To issue a declaration that the respondents are bound to consider the alternative proposal of the petitioner for the interest of the nation and also for causing limited damage to the petitioner's property; (iv) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to proceed for the erection of the new 400 KVA electric line start the construction of erection of tower line only with the diversion of ten degree as suggested in Ext.P9 sketch. 2. The learned counsel for the respondents submits that the coercive steps pursued by the respondents are very much in conformity with the relevant provisions of law and it is not assailable under any WP(C) No.35491/2009 2 circumstance. The learned counsel further submits that, if the petitioner is aggrieved in any manner, the matter can be agitated by filing appropriate proceedings before the Additional District Magistrate as provided under Section 16 of the Indian Telegraph Act. 3. After considering the rival submissions, this Court finds that, the matter need not be kept pending before this Court. But in view of the fat that the concerned ADM is not made a party to the present proceedings, there will be a direction to the respondents to cause the dispute to be referred to the concerned ADM within two weeks and on receipt of the reference, the matter shall be caused to be finalized by the ADM after hearing both the sides within a further period of one month thereafter. Status quo as on date shall be maintained till finalization of the proceedings as above. The respondents shall produce a copy of this verdict before the concerned ADM for pursuing further steps as directed above. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc