IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 3455 of 2010(F) ------------------------- PETITIONER(S): --------------- 1. S. BHARGAVAN NIR, AGED 60 YEARS, TEMPLE EMPLOYEE, VELLACHERIL,NANTHIATTUKUNNAM, NORTH PARAVUR (P.O),PIN - 683513. 2. PRAMOD V, AGED 34 YEARS, BUSINESS, THANTHONNIKKAL VEEDU, NANTHIATTUKUNNAM, NORTH PARAVUR (P.O)., PIN - 683513. 3. N.K. GOPALAKRISHNAN ELAYIDAM, AGED 66 YEARS, RETIRED MUNICIPALITY EMPLOYEE, ASWATHI, VIRAD ROAD, KIZHAKKEPURAM (VAZHIKULANGARA), NORTH PARAVUR (P.O), PIN - 683513. 4. K.M. MATHAI, AGED 58 YEARS, RETIRED GOVERNMENT SERVANT, KACHAPPILLY,"LIYA GARDEN", VIRAD ROAD, KIZHAKKEPURAM (VAZHIKULANGARA), NORTH PARAVUR(P.O) PIN - 683513. 5. BABU M.L., AGED 37 YEARS, FISH BUSINESS, MEPPLLIPARAMBIL, KEDAMANGALAM, NORTH PARAVUR (P.O)., PIN - 683513. BY ADV. SRI.M.P.RAMNATH SRI.P.RAJESH(KOTTAKKAL) RESPONDENT(S): --------------- 1. THE CHIEF ENGINEER, TRANSMISSION DIVISION (SOUTH), KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. WP(C).No. 3455 of 2010 -2- 2. THE EXECUTIVE ENGINEER, T.C. DIVISION, KERALA STATE ELECTRICITY BOARD, KALAMASSERY. 3. THE ASST. EXECUTIVE ENGINEER, T.C. DIVISION, KERALA STATE - ELECTRICITY BOARD EDAYAR. 4. THE DISTRICT COLLECTOR, ERNAKULAM. 5. THE REVENUE DIVISIONAL- OFFICER/ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 3 GOVT.PLEADER SRI. BIJOY CHANDRAN FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R RAMACHANDRA MENON, J. ------------------------- W.P (C) No.3455 of 2010 -------------------------- Dated this the 18th February, 2010 J U D G M E N T The case of the petitioners is that the respondents are proceeding with hasty steps to draw 110 KV line over the thickly populated residential area and that the petitioners are very much aggrieved of such steps. It is stated that the petitioners already approached the statutory authority by filing Ext.P3' simultaneously attaching a copy of the mass petition dated 12.12.2009, as borne by Ext.P2. 2. The learned counsel for the petitioners submits that proceedings are not liable to be finalized unless and until the petitioners are given an opportunity of hearing particularly with regard to the alternate route and feasibility aspect pointed out. 3. The learned standing counsel for the respondents Board submits, on instructions, that the matter is evidently pending before the 5th respondent and that the steps for drawing the line will be finalized only W.P (C) No.3455 of 2010 2 subject to further orders to be passed by the said respondent in Ext.P3. The learned standing counsel for the respondents Board also submits that the authorities of the Board have already been asked for remarks from the office of the ADM Ernakulam in connection with Ext.P3 proceedings stated as filed from the part of the petitioner. 4. In the above circumstances, the respondents 4 and 5 are directed to cause Ext.P3 to be finalized, in accordance with law, as expeditiously as possible at any rate, within two months from the date of receipt of a copy of this judgment; of course after giving an opportunity of hearing to the parties concerned, including a representative of the petitioners and also a representative of the Board. It is made clear that the drawing of the line will be implemented only subject to the result of the orders to be passed by the statutory authority in this regard. The Writ Petition is disposed of, accordingly. P.R RAMACHANDRA MENON JUDGE ma W.P (C) No.3455 of 2010 3 W.P (C) No.3455 of 2010 4