IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8627 of 2010(C) ------------------------- PETITIONER: --------------- SHRI.BINO GEORGE DAVIS, AGED 41, S/O.C.V.BABY DAVIS, CHIRAYATH MANJIYIL HOUSE, NETTISSERRY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.LELLULAL T.G.THUNDATHIL RESPONDENTS: --------------- 1. THE POWER GRID CORPORATION OF INDIA, KAKKANAD, ERNAKULAM REPRESENTE BY ITS MANAGER. *ADDL.R2. THE ADDL. DISTRICT MAGISTRATE, THRISSUR. (ADDL. RESPONDENT NO.2 IS IMPLEADED SUO MOTU VIDE JUDGMENT DATED 16.03.2010.) R1 BY ADV.MR. MILLU DANDAPANI. ADDL. R2 BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 8627 OF 2010 ......................................................................... Dated this the 16th March, 2010 J U D G M E N T The petitioner is aggrieved of the steps taken by the respondent to draw the power line through his property without getting his consent or even without serving any notice, which is stated as a high handed action on the part of the respondent. The contention raised from the part of the petitioner, as above is vehemently opposed by the respondent stating that no such proceedings will ever be taken without serving notice to the petitioner . 2. However, taking note of the averment that Ext.P6 objection has already been preferred by the petitioner before the respondent , the learned Standing Counsel submits that the same will be caused to be referred to the concerned Addl. District Magistrate for adjudication and that the steps for drawing the line will be finalised only subject to the orders to be passed by the statutory authority. 3. In the above facts and circumstances, the respondent W.P.(C) No. 8627 OF 2010 2 is directed to cause the dispute to be referred to the concerned Addl. District Magistrate within one week from the date of receipt of a copy of the judgment. It is made clear that further proceedings to draw the line shall be pursued by the respondent, only subject to the orders to be passed by the Addl. District Magistrate in the above proceedings. On receipt of the reference to be made, the concerned Addl. District Magistrate shall finalise the proceedings in accordance with law, after giving an opportunity of hearing to all concerned, as expeditiously as possible, at any rate, within one month from the date of receipt of the reference. The petitioner shall produce a copy of the judgment along with a copy of the Writ Petition before the concerned Addl. District Magistrate for further action. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk W.P.(C) No. 8627 OF 2010 3