IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 6812 of 2011(B) ------------------------- PETITIONER(S): --------------- 1. O.J.VARGHEESE, OOKKANGTHEKKEKARA, PARAKKADAVU, ALUVA TALUK. 2. O.J.JOJO JOSEPH, OOKKANGTHEKKEKARA, PARAKKADAVU, ALUVA TALUK, (BOTH REP. BY POWER OF ATTORNEY HOLDER SRI.O.J.JOSEPH, OOKKANGTHEKKEKARA, PARAKKADAVU, ALUVA TALUK). 3. I.K.SEBASTIAN, IRINPEN HOUSE, PARAKKADAVU, ALUVA TALUK. BY ADV. SRI.VAKKOM N.VIJAYAN SMT.V.RENJU RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695004. 2. THE DEPUTY CHIEF EGNINEER, TRANSMISSION CIRCLE, K S E BOARD, THRISSUR-680001. 3. THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, K S E BOARD, CHALAKUDY, 680317. 4. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM, 682036. BY SRI.P.P.THAJUDEEN , SC FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, ALONG WITH W.P.(C) No.6846/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) Nos.6812 & 6846 of 2011 ------------------------------- Dated this the 9th day of March, 2011 J U D G M E N T Ext.P8 in W.P(C) No.6812 of 2011 and Ext.P6 in W.P.(C) No.6846 of 2011, a common order passed by the Additional District Magistrate, Ernakulam, on 22.2.2011 in exercise of the power conferred on him under section 16 of the Indian Telegraph Act is under challenge in these writ petitions. By the said order, the Additional District Magistrate permitted the Board to draw a 33 KV line from the substation at Kurumassery to Annamanada. 2. When the writ petition came up for admission-hearing today, Sri.P.P.Thajudeen, the learned standing counsel appearing for the Kerala State Electricity Board submitted on instructions that the order impugned in these writ petitions does not relate to the properties of the petitioners, that the objections raised by the petitioners are being considered by the Additional District Magistrate and that he is yet to pass orders in the matter. The learned standing counsel also submitted that in such circumstances, the petitioners cannot be said to be aggrieved by the impugned order and they can be said to be aggrieved only if over ruling their objections, the Board is permitted to draw the electricity line through their lands. The learned W.P.(C) Nos. 6812 & 6846 of 2011 2 counsel for the petitioners did not dispute the said submission. In such circumstances, I dispose of these writ petitions with a direction to the Kerala State Electricity Board and its officers to await the decision of the Additional District Magistrate, Ernakulam on the application submitted by the Board/its officers for permission to draw electricity lines across the lands belonging to the petitioners, before proceeding to draw electricity lines across the lands belonging to the petitioners. P.N. RAVINDRAN, JUDGE. nj.