IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 31996 of 2011(Y) -------------------------- PETITIONER(S): --------------- 1. IBRAHIMKUTTY, S/O.ALIYARKUNJU, ALMUBARAK MANZIL, VENGARA KARA, THODIYOOR NORTH P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 2. FATHIMA BEEVI, W/O.LATE ABBASKUTTY, THANDANTTAKATH VEETTIL, VENGARA MURI, THODIYOOR P.O., KALLELIBHAGAM VILLAGE, KARUNGAPPALLY TALUK, KOLLAM DISTRICT. 3. ANWAR SADATH, S/O.LATE ABBASKUTTY, THANDANATTAKATH VEETTIL, VENGARA MURI, THODIYOOR P.O., KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 4. MUHAMMED ANSAR, S/O.LATE ABBASKUTTY, THANDANTTAKATH VEETTIL, VENGARA MURI, THODIYOOR P.O., KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695001 2. COCHIN INTERNATIONAL AIRPORT AUTHORITY LIMITED, NEDUMBASSERY, REPRESENTED BY THE AIRPORT DIRECTOR, NEDUMBASSERY 683585. 3. THE CHIEF ENGINEER, ELECTRICAL DIVISION, KOZHIKODE 673 001. WP(C).No. 31996 of 2011(Y) 2 4. THE EXECUTIVE ENGINEER, ELECTRICAL MANJOR SECTION, OFFICE OF THE EXECUTIVE ENGINEER, CHALAKKUDY P.O., CHALAKKUDY 680 307. 5. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM 682 011. 6. BIJU, BIJU AUTO SERVICE AND J.K.COFFEE HOUSE, NAYATHODU P.O., NEDUMBASSERY, ERNAKULAM DISTRICT 683 585. 7. VEZHAMPARAMBIL MAHADEVA SIVAKSHETHRAM, NAYATHODU P.O., NEDUMBASSERY, ERNAKULAM DISTRICT 683 585, REP. BY ITS SECRETARY, KSHETHRA BHARANA SAMITHI. ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB FOR R1,3 & 4 SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R2 SRI.SAJI VARGHESE FOR R2 SMT.MARIAM MATHAI FOR R2 SRI.PAUL JACOB FOR R6 SRI.PEARL K.DAVIS FOR R6 SAJEEVKUMAR K GOPAL STANDING COUNSEL FOR KSEB GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31996 of 2011(Y) 3 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE SALE DEED NO.1340/1999 OF ANGAMALY SUB REGISTRY OFFICE. EXT.P2 TRUE COPY OF THE JUDGEMENT IN WPC.5203/2011. EXT.P3 TREU COPY OF THE NOTICE ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM DATED 21/7/2011. EXT.P4 TRUE COPY OF THE OBJECTION SUBMITTED THE ADDITIONAL DISTRICT MAGISTRATE. EXT.P5 TRUE COPY OF THE COMMISSION APPLIATION SUBMITTED BEFORE THE ADDITIONAL DISTRICT MAGISTRATE. EXT.P6 TRUE COPY OF THE SKETCH SUBMITTED BEFORE THE ADDITIONAL DISTRICT MAGISTRATE. EXT.P7 TRUE COPY OF THE NOTICE DATED 15/11/2011 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J ------------------------------------- W.P.(C).No.31996 of 2011 ----------------------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT The petitioners jointly own and are in possession of 60 cents of land situate in Re-Survey No.336/8 of Angamaly South Village, Aluva Taluk, Ernakulam District. They had earlier filed W.P. (C).No.5203/11 in this Court, aggrieved by the steps taken by the Kerala State Electricity Board to draw an electricity line across their land without seeking the permission of the Addl. District Magistrate under section 16 of the Indian Telegraph Act, 1885, notwithstanding the objection raised by them to the drawing of the line. This Court disposed of the said writ petition by Ext.P3 judgment delivered on 18.3.2011 with a direction to the Kerala State Electricity Board and the Executive Engineer of the Board, to move the competent authority under the Indian Telegraph Act, 1885, for permission to erect a tower in the petitioner's land and to draw a line across the petitioners lands, before proceeding to erect the tower or draw the electricity line across the petitioners lands. 2. The fourth respondent herein and the beneficiary namely, the second respondent herein thereupon moved a W.P.(C).No.31996 of 2011 2 petition before the Addl. District Magistrate, Ernakulam. The Additional District Magistrate issued notice to the parties directing them to appear before him at 3.00 p.m on 16.8.2011. The petitioners appeared and filed Ext.P4 objections dated 16.8.2011 and Ext.P5 application dated 16.8.2011 wherein they sought the appointment of a Commissioner to find out alternate routes and to ascertain the inconvenience that would be caused to them if the line is drawn through their land. The Addl. District Magistrate adjourned the hearing to 22.11.2011. It is stated that on that day the hearing was again adjourned. It is contented that the Addl. District Magistrate has not taken a decision on Ext.P5 application and unless a Commissioner is appointed for the purpose of ascertaining the inconvenience that will be caused to the petitioners if the line is drawn through their land and also to find out alternate routes through which the line can be drawn, the petitioners will be put to serious prejudice. On these grounds the petitioners seek the following reliefs: i) call for the records, relating to Ext.P1 to P7 and issue a writ of appropriate direction to the 5th respondent Additional District Magistrate, Ernakulam to pass orders in the commission application submitted by the W.P.(C).No.31996 of 2011 3 petitioners and constitute an expert team from the field of electrical transmission and also experts in the field to provide alternative routes and alignments to avoid damage to the entire property of the petitioners. ii) issue a writ or appropriate direction to the 3rd respondent to find out alternative routes through the western side or the eastern side of the petitioners property so as to avoid damage to the entire property. iii) issue a writ or appropriate direction to the 2nd respondent to provide sufficient facility to the Electricity Board so as to minimize the inconvenience caused to the general public by the drawing of high transmission line to the sub station 3. It is not in dispute that the Addl. District Magistrate is yet to take a decision on the petition filed by the fourth respondent along with the beneficiary, under section 16 of the Indian Telegraph Act, 1885. It is also not in dispute that two other writ petitions W.P.(C) No.28000/2011 and W.P.(C) No.33017/2011 had been filed in this Court by other land owners and the said writ petitions were also disposed of with observations and directions. In such circumstances, as the Addl. District Magistrate is yet to take a decision in the matter with notice to all the parties interested, I am of the opinion that it is premature for this Court to examine the request made by the W.P.(C).No.31996 of 2011 4 petitioners and issue directions to the Addl. District Magistrate. It is for the petitioners and others, who have raised objections before the Addl. District Magistrate to draw his attention to the various aspects highlighted by them and to seek appropriate orders. I therefore, find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed, reserving liberty with the petitioners to pursue Ext.P5 application and to raise all their contentions before the Addl. District Magistrate. P.N.RAVINDRAN,JUDGE pm