IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 WP(C).No. 11434 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. K.C.CHACKO, T.C. 2/1403 MUKKADAN HOUSE, PATTOM, THIRUVANANTHAPURAM 2. ANJU CHACKO D/O. K.C.CHACKO,T.C. 2/1403 MUKKADAN HOUSE, PATTOM, THIRUVANANTHAPURAM BY ADV. SMT.JAYASREE MANOJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,KOTTAYAM. 2. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE , K.S.E.B, PALLOM,KOTTAYAM. 4. THE ASSISTANT ENGINEER, SUB STATION K.S.E.B, KANJIRAPPILLY. G.P. SHRI.C.K.GOVINDAN, ADV.P.P.THAJUDEEN, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.11434 of 2009 ================== Dated this the 15th day of April, 2009 J U D G M E N T The petitioners are aggrieved by Ext.P3 order of the 1st respondent, whereby the 1st respondent has permitted respondents 2 to 4 to draw electric line through the properties of the petitioners. The petitioners' primary contention is that Ext.P3 order was passed without hearing the petitioners. 2. I have heard the learned Standing Counsel appearing for the Electricity Board as well as the learned Government Pleader. 3. The Standing Counsel for the Electricity Board admits that before passing Ext.P3 order, the petitioners were not afforded an opportunity of being heard. That being so, Ext.P3 order has been passed in violation of the principles of natural justice, especially since the civil rights of the petitioners are affected thereby. Therefore, Ext.P3 is unsustainable. Accordingly, Ext.P3 order is quashed. The 1st respondent is directed to pass fresh orders after issuing notice to all concerned and affording an opportunity fo being heard to them, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2