IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 5997 of 2011(Y) ----------------------- PETITIONER(S): ----------------------- 1. P.J.JOHN, PARAPURAYIL, CHALIKYAVATTAM, VENNALA PO, ERNAKULAM, PIN 682 028. 2. JOJO VAZHEKKATTU, VAZHEKKATTU HOUSE, VYTTILA, ERNAKULAM, PIN 682 019. 3. DR.THOMAS MATHEW, 39/1593 C3, 2B-LINK LAXMAN, SA ROAD,VALANJAMBALAM, ERNAKULAM SOUTH, PIN 682 016. 4. ROY JOHN, CHIRAYATH HOUSE, ALOOR PO, PIN 680 683. 5. THULASIDAS.G, DWARAKA, KANICHUKULANGARA, CHERTALA, ALAPPUZHA, PIN 688 544. BY ADVS. SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE SRI.SUSHEEL JOSEPH CYRIAC SRI.MANU GEORGE KURUVILLA RESPONDENT(S): ------------------------- 1. M/S.POWER GRID CORPORATION OF INDIA LTD., CHANDINI, MAVELIPURAM COLONY, KAKKANAD, ERNAKULAM, PIN 682 030, REPRESENTED BY THE CHIEF MANAGER. 2. THE ADDL. DISTRICT MAGISTRATE, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN 682 030. R1 BY ADV. SRI.MILLU DANDAPANI R2 BY GOVERNMENT PLEADER SRI. P.M. MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 5997 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF SKETCH OF THE PROPERTY INVOLVING HOUSING PROJECT. EXT.P2 : PHOTOCOPY OF THE LIST OF OWNERS OF PLOTS PROJECT. EXT.P3 : PHOTOCOPY OF THE NOTICE DATED 29.12.2009 ISSUED BY THE 1ST RESPONDENT. EXT.P4 : PHOTOCOPY OF THE APPLICATION DATED 12.01.2010 SUBMITTED BY THE 1ST PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER. EXT.P5 : PHOTOCOPY OF THE REPLY DATED 5.03.2010 ISSUED BY PUBLIC INFORMATION OFFICER. EXT.P6 : PHOTOCOPY OF THE SKETCH PREPARED BY THE PETITIONERS. EXT.P6A : PHOTOCOPY OF THE LOCATION PROPOSED TOWER AND ALTERNATE ROUTE. EXT.P7 : PHOTOCOPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT ON 18.6.2010. EXT.P8 : PHOTOCOPY OF THE REPRESENTATION DATED 16.09.2010. EXT.P9 : PHOTOCOPY OF THE ORDER DATED 11.01.2011. EXT.P10 : PHOTOCOPY OF THE REPRESENTATION DATED 09.02.2011. EXT.P11 : PHOTOCOPY OF THE REQUEST UNDER RIGHT TO INFORMATION ACT DATED 28/2/2011. EXT.P12 : PHOTOCOPY OF THE REPLY OF THE 1ST RESPONDENT DATED 24.3.2011. EXT.P12A : PHOTOCOPY OF THE MAP ATTACHED TO EXT.P12. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF APPLICATION DATED 12.2.2009 SUBMITTED BY SHRI. JOSEPH ABRAHAM BEFORE THE 1ST RESPONDENT. (Contd...) WP(C).No. 5997 of 2011(Y) EXT.R1(b) : COPY OF GOOGLE MAP RELATING TO THE ROUTE ALIGNMENT AT EDAMON-COCHIN TRANSMISSION LINE (LOCATION 278/0 TO SUB-STATION, GANTRY). EXT.R1(c) : COPY OF REPORT SUBMITTED BY THE 1ST RESPONDENT CORPORATION BEFORE THE 2ND RESPONDENT, VIDE REF: SR-II/KOC/TLC/F-597/561 DATED 25.5.2010. EXT.R1(d) : COPY OF SKETCH INDICATING THE SHIFTING OF TOWER LOCATION NO. 288/0, EDAMON-COCHIN LINE FROM ORIGINAL ROUTE TO PROPOSAL I. EXT.R1(e) : COPY OF COMBINED SKETCH INDICATING THE SHIFTING OF TOWER LOCATION NO. 288/0, EDAMON-COCHIN LINE FROM ORIGINAL ROUTE TO PROPOSAL I & II. EXT.R1(f) : COPY OF COMBINED GOOGLE SKETCH INDICATING THE SHIFTING OF TOWER LOCATION NO. 288/0, EDAMON-COCHIN LINE FROM ORIGINAL ROUTE TO PROPOSAL I AND PROPOSAL II. EXT.R1(g) : COPY OF THE LETTER NO. SR-II/KOC/CAO/TLC/GC/127 DATED 19.4.2011 OF POWER GRID CORPORATION ADDRESSED TO THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. EXT.R1(h) : COPY OF THE REPORT NO. 94/11 DATED 25.4.2011 SUBMITTED BY THE VILLAGE OFFICER TO THE RDO. EXT.R1(i) : COPY OF ORDER NO.MC.61/11 DATED 30.4.2011 PASSED BY THE SUB DIVISIONAL MAGISTRATE, MUVATTUPUZHA. //TRUE COPY// P.S. TO JUDGE Mn P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.5997 of 2011 ------------------------------- Dated this the 12th day of July, 2011 J U D G M E N T This writ petition is filed challenging Ext.P9 order dated 11.1.2011 passed by the Additional District Magistrate, Ernakulam whereby the Additional District Magistrate permitted the Power Grid Corporation to draw a 400 KV transmission line through and across the land belonging to the petitioners. Though initially an interim order of stay was granted by this Court on 25.2.2011, after hearing both sides, the said order was vacated by order passed on 11.4.2011, with the observation that the order vacating the stay earlier granted will not stand in the way of the petitioners from claiming compensation as per law. Today, when the writ petition came up for hearing, the learned counsel for the petitioners submitted that as after the interim order of stay was vacated, a tower was erected in the petitioners' property, no further orders are called for in this writ petition and it may be closed reserving liberty with the petitioners to institute appropriate proceedings in the court of W.P.(C) No.5997 of 2011 2 competent jurisdiction claiming compensation. The said submission is recorded and the writ petition is closed reserving liberty with the petitioners to institute appropriate proceedings in the court of competent jurisdiction claiming compensation. P.N. RAVINDRAN, JUDGE. nj.