IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WA.No. 1988 of 2010() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16595/2010 DATED 04/11/2010 .................... APPELLANT/PETITIONER ------------------------------------- K.V. POULOSE, S/O.REV.FR.GEEVARGHESE, AGED 70 YEARS, KALLAPPARA HOUSE, MORAKKALA, KUMARAPURAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY EXECUTIVE ENGINEER, TRANSMISSION SECTION, BRAHMAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SECTION, K.S.E.B., TRIKKAKARA SUB STATION, KAKKANAD. 3. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, ERNAKULAM. R1 & R2 BY ADV. MR.P.P. THAJUDEEN, SC, KSEB. R3 BY GOVT. PLEADER MR.T.K. VIPINDAS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.A.No.1988 of 2010 ---------------------------------------- Dated this the 24th day of November 2010 J U D G M E N T K.M.JOSEPH,J The appellant is before us feeling aggrieved by the judgment of the learned Single Judge. The appellant is the writ petitioner in that petition. He had approached this Court challenging Ext.P7 order passed by the 3rd respondent. The appellant objected to the drawal of a 220 KV electric line from the 440 KV Power Grid Substation at Pallikkara to Brahmapuram through his property. The matter was referred to the 3rd respondent under the Telegraph Act. According to the appellant, there are alternate routes. He further had a case that instead of having two towers, there need be only one tower in his property. He has a case that there are lines already drawn across his property otherwise. The appellant is doing paddy cultivation and he will be put to great injury if the lines are drawn through his property, it is stated. 2. The learned Single Judge, taking note of the fact that K.S.E.B had put up a Single Multi-circuit tower at Myloor near W.A.No.1988 of 2010 2 Muvattupuzha, set aside Ext.P7 order so that inspection could be done in the presence of the 3rd respondent for considering the feasibility of putting up a Single Multi-circuit tower in place of two towers. 3. We have heard the learned counsel for the appellant, Adv. Sri.P.P.Thajudheen the learned Standing Counsel for K.S.E.B and the learned Government Pleader. The learned counsel for the appellant would point out that all along the Kerala State Electricity Board was maintaining that it is not feasible to put up a single Multi-circuit tower and the learned Single Judge had still directed that inspection to be done in the presence of the 3rd respondent, without any independent technical assistance being made available to the 3rd respondent. This is the substance of the grievance raised before us by the learned counsel for the appellant. Per contra, the learned Standing counsel for the 1st respondent would point out that even in the judgment impugned, the learned Single Judge had observed that back up from the Power Grid Corporation can be taken by the 3rd respondent and that will help the 3rd respondent to resolve the issue. W.A.No.1988 of 2010 3 4. We directed the learned Government Pleader to get instructions in the matter as to what action the 3rd respondent proposes to take in the matter. It is submitted by the learned Government Pleader, on instructions, that the inspection in the petitioner's property is already over on 22/11/2010 with notice to all parties. The learned Government Pleader would further submit that the 3rd respondent intends to seek the advice of the Power Grid Corporation before passing orders, as directed by the learned Single Judge. 5. We record the submission and dispose of the Writ Appeal with the direction that the 3rd respondent will take into consideration the opinion expressed by the Power Grid Corporation also when he considers and passes orders as directed by the learned Single Judge. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.A.No.1988 of 2010 4 W.A.No.1988 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010