IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24132 of 2010(N) -------------------------- PETITIONER: --------------- P.T.JOHNY ALEX @ DENNY THOMAS, PAZHAMPILLY HOUSE, DON BOSCO ROAD, VADUTHALA, KOCHI-682023. BY ADV. SRI.V.JOHN MANI RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, K.S.E.B., H.M.T.COLONY P.O., KALAMASSERY-683503. 3. THE DEPUTY GENERAL MANAGER, M/S.RAIL VIKAS NIGAM LTD., 38/1968, DEVI KRIPA, H.I.G. AVENUE, GANDHI NAGAR, COCHIN-682020. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R3 SRI. P.P. THAJUDEEN, S.C. FOR K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 24132 of 2010 = = = = = = = = = = = = = = = = = DATED THIS, THE 12th DAY OF AUGUST, 2010. J U D G M E N T Petitioner herein is aggrieved by the amount of compensation awarded to him for the land taken over by Respondents 2 and 3 for erecting an electric tower. Petitioner has also sought for a direction to Respondents 2 and 3 to pay land value as determined in Ext.P6 judgment for the land taken over by them for erecting the tower. 2. Petitioner is running a resort in an independent island known as Pazhampilly Thuruthu, which was inherited by him from his father. For the Vallarpadam Rail Connectivity, an extent of 37.609 cents of land was acquired from the said island. An electrical tower was also erected on the north-western corner for drawing line in early eighties, for which many trees were cut. Recently, for the Vallarpadam Rail Connectivity, respondents have constructed a new tower south to the existing one, which resulted in various proceedings which are referred to in the writ petition and finally, the first respondent granted Rs. 3,42,160/- as compensation for the 08.17 cents of land taken by them for erecting the new tower. This is evidenced by WP(C) 24132/2010 2 Ext.P5. According to the petitioner, compensation granted consists only land value of the property taken for construction of the tower and is devoid of the value of land over which the electric line is drawn. His complaint is that the land value fixed is also not in accordance with the land value fixed in Ext.P6 judgment in L.A.A.1478/2009. 3. Evidently, the matter is governed by the provisions of the Indian Telegraph Act. Petitioner has approached this Court mainly seeking for a direction to the third respondent to consider his representation Ext.P9. Learned Standing Counsel appearing on behalf of the respondents submitted that actually, the work was undertaken for the Railway. Whatever that be, petitioner has got an effective remedy under Section 16(3) of the Indian Telegraph Act to approach the District Judge, who has jurisdiction over the area. That being the matter, leaving open the right of the petitioner to approach the appropriate forum, this writ petition is disposed of . T.R. RAMACHANDRAN NAIR, JUDGE. KNC/-