IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17446 of 2008(B) -------------------------- PETITIONERS: -------------------- 1. RUGMINI AMMA, AGED 64 YEARS, W/O.LATE BALAN PILLAI, GAYATHRI NIVAS, MYTHRI NAGAR, CHITTAZHA, VATTAPPARA P.O., THIRUVANANTHAPURAM. 2. RADHAMMA.R., AGED 54 YEARS, W/O.KARUNAKARAN NAIR, GEETHA NIVAS, MYTHRI NAGAR, CHITTAZHA, VATTAPPARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUDHEER GANESH KUMAR.R. RESPONDENTS: ---------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION CONSTRUCTION SUB DIVISION, KERALA STATE ELECTRICITY BOARD, KATTAKADA, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM. R1 BY SC SRI. P.P. THAJUDEEN R2 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.17446 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2008 JUDGMENT Petitioner has approached this court seeking a direction to the second respondent to conduct a fair and proper adjudication over the dispute raised by the petitioners and dispose of the matter fairly and properly considering the objections and suggestions raised by the petitioners and the affected parties. According to the petitioners, the second respondent, Additional District Magistrate has issued Ext.P4 notice for adjudicating the questions relating to the removal of objections raised by the residents against the drawal of 220 KV line. It is stated that the complaint is that even though the notice was issued for adjudicating the matter, the second respondent has not conducted any hearing so far. It is also stated that the case has been adjourned and the first respondent is going ahead with the preliminary works and attempting to erect poles for drawing overhead line. 2. I heard learned counsel appearing on behalf of the first respondent. He would submit that it is true that the notice has been issued. He would further submit that the matter is pending consideration before the second respondent. He would further submit that till permission is obtained, the first respondent will not put up any poles for drawing the overhead line WPC.17446/2008. 2 over the properties, which are subject matter of the proceedings pending before the second respondent. Recording this, the writ petition is disposed of directing that the second respondent will consider the objections of the petitioners and others and take a decision on the same in accordance with law. Further it is directed that the first respondent will not put up any poles in the properties in question except after obtaining permission from the second respondent. Having regard to the further allegation that the matter is being adjourned and it is pending for sometime, there will be a further direction to the second respondent to take a decision in the matter as aforesaid within a period of two months from the date of production of a copy of this judgment before him. (K.M. JOSEPH, JUDGE) sb