IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29529 of 2011(M) ---------------------------------- PETITIONER(S): ------------------- 1. K.MOHAMMED RIYAZ, S/O.MOOSA, M.M.COTTAGE, SRM ROAD, KOCHI-682 018. 2. FIROZ HUSSAIN, S/O.HUSSAIN, NAZIYAS, KOKKAPURAM KARAYIL, TEMPLE GATE P.O., GOPAL PETTAH, THALASSERY TALUK, KANNUR. 3. RAMISH AHMED, S/O.AHMED, NO.I, ABURA PARK, SHOUKATHALI NAGAR, KARIMPUKADAI, COIMBATORE, TAMIL NADU. BY ADVS. SRI.T.U.ZIYAD SRI.SUNIL V.MOHAMMED SMT.RAMEENA.P.K. RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001. 3. THE CHIEF ENGINEER (TRANSMISSION SOUTH), THIRUVANANTHAPURAM-695 001. svs .......2/-... ...2... WPC. NO.29529/2011 4. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KALAMASSERY, ERNAKULAM DISTRICT-683 104. 5. THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, BRAHMAPURAM, ERNAKULAM DISTRICT-682 303. 6. THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, KSEB, BRAHMAPURAM, ERNAKULAM DISTRICT-682 303. 7. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KAKKANAD, ERNAKULAM-682 030. R2-6 BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE ADV.SRI.K.M.SATHYANATHA MENON,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.29529/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION DATED 15/09/2011 SUBMITTED BY THE 1ST PETITIONER UNDER SECTION 16(1) OF THE INDIAN TELEGRAPH ACT, 1885, BEFORE THE 7TH RESPONDENT. P2: COPY OF THE PETITION DATED 15/09/2011 SUBMITTED BY THE 2ND PETITIONER UNDER SECTION 16(1) OF THE INDIAN TELEGRAPH ACT, 1885, BEFORE THE 7TH RESPONDENT. P3: COPY OF THE ACKNOWLEDGEMENT CARDS RECEIVED BY THE PETITIONER. P4: COPY OF THE DEED NO.10587/2007. P5: COPY OF THE DEED NO.225/2008. P6: COPY OF THE DEED NO.586/2008. P7: COPY OF THE ORIGINALLY PROPOSED ELECTRIC LINE ROUTE APPROVED BY THE 3RD TO 6TH RESPONDENTS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No.29529 of 2011 ----------------------------------------------- Dated this the 10th day of November, 2011 JUDGMENT The petitioners who own different parcels of lands in Puthankurisu village, Ernakulam District have filed this writ petition, aggrieved by the proposal of respondents 2 to 6 to draw a high tension electricity line through and across the properties belonging to them. It is contended that the original route proposed by the respondents for the purpose of drawing the line does not affect them, but in deviation of the approved route, steps have been taken to draw the electricity line by erecting towers in the lands belonging to the petitioners. It is stated complaining about the steps taken by the respondents to draw the electricity line deviating from Ext.P7 sketch, the petitioners have filed Exts.P1 and P2 representations before the Additional District Magistrate, Ernakulam. In this writ petition, the petitioners seek a direction to the Additional District Magistrate, Ernakulam to consider the said representations and pass orders thereon after affording them opportunity of being heard. The petitioners have also prayed for an order restraining the respondents from drawing the high tension electricity line WP(C)No.29529 of 2011 -2- across their property. From a reading of this writ petition, it is evident that the objection raised by the petitioners is to the drawing of an electricity line through their properties. Sri.K.M.Sathyanatha Menon Senior Advocate appearing for the Kerala State Electricity Board submitted on instructions that there is no proposal to draw the line through the lands belonging to the petitioners, but having regard to the objections raised by the petitioners, the Board will move the Additional District Magistrate for appropriate orders under section 16(1) of the Indian Telegraph Act. In such circumstances, I dispose of the writ petition with a direction to respondents 2 to 6 to move the Additional District Magistrate under Section 16(1) of the Indian Telegraph Act and obtain his permission, if they propose to draw an electricity line through and across the land belonging to the petitioners. The Additional District Magistrate shall in that event pass orders on the said application with notice to both sides expeditiously and in any event within three months from the date on which the Board invokes his jurisdiction. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge.