IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15793 of 2009() ------------------------- PETITIONER(S): --------------- SREE NARAYANA GURUKULAM CHARITABLE TRUST S.N.D.P. UNION SHOPPING COMPLEX, IST FLOOR, EAST END PERUMBAVOOR 683 542, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- 1. POWER GRID CORPORATION OF INDIA, (A GORVERNMENT OF INDIA UNDERTAKING), REPRESENTED BY ITS C.A.O., CONSTRUCTION AREA OFFICE, CHANDINI, PLOT NO. 190 -B, MAVELIPURAM COLONY, KAKKANAD, KOCHI. 2. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. SC FOR R1 SRI. MILLY DANDAPANI SC FOR KSEB SRI. P.P. THAJUDEEN BY GOVT. PLEADER SRI. K.C. SAZNTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.15793 OF 2009 ------------------------ Dated this the 9th day of June, 2009. JUDGMENT Petitioner is a charitable trust. According to the petitioner out of 12.21 acres of land purchased by them for starting an Engineering College, 2.21 acres of land is already occupied by the 220 KV line of the first respondent. According to the petitioner, presently the first respondent proposes to enhance the capacity of the present line to 400 KV and for which the petitioner will have to surrender an additional extent of 75 cents of land. It is stated that if the proposal as such materializes, the petitioner will not be in a position to obtain recognition of the AICTE in respect of their College. 2. On receipt of Ext.P1 notice, it is stated that the petitioner has filed Ext.P2 before the Ist respondent. They have also moved the 2nd respondent by filing Ext.P3. In Exts.P2 and P3 petitioner has also made alternate proposal WP(c).No.15793/09 2 which according to the petitioner will not be causing inconvenience to them. As the petitioner has raised their objections against the capacity expansion of the line already drawn resulting in surrender of additional extent of land and that as the matter is now pending before the 2nd respondent vide Ext.P2, I dispose of this writ petition directing the 2nd respondent to consider Ext.P2 with notice to the petitioner and the first respondent and pass orders thereon. This the 2nd respondent shall do as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. It is directed that in the meanwhile, further proceedings for enhancing the capacity of the line in question through the petitioner's property shall be kept in abeyance, Petitioner or the first respondent shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for compliance . (ANTONY DOMINIC) JUDGE vi/ WP(c).No.15793/09 3