IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 3606 of 2010(A) ------------------------- PETITIONER(S): --------------- ST. JOSEPH'S CHURCH, NELLIKUZHI.P.O., KOTHAMANGALAM-686691, REPRESENTE BY VICAR-IN-CHARGE, FR. STANLEY PULPRAYIL. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- 1. THE ASST. EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL SUB DIVISION, KOTHAMANGALAM-686691. 2. THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, KOTHAMANGALAM-686691. 3. SRI. M.I.VARGHESE, MANNARAPRAYIL HOUSE, NELLIKUZHI.P.O., POTHANICKADU, KOTHAMANGALAM-686691. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN STANDING COUNSEL SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 3606 of 2010 --------------------------------------- Dated, this the 16th day of February, 2010 J U D G M E N T The case of the petitioner is that the existing 11 KV line is sought to be shifted crossing through the premises and property of the petitioner church, which stated as being pursued by the respondent Board at the instance of the 3rd respondent and some others. It is also stated that the petitioner has raised specific objections in this regard and that the matter can be finalized only after having same caused to be referred to the concerned ADM who is the competent authority under the statute. 2. The learned standing counsel appearing for the respondents 1 and 2 submits that the matter can be referred to the ADM for passing appropriate orders and that the shifting of the electric line will be effected only subject to the final orders to be passed by the ADM. 3. Considering the limited extent of relief sought for and intended to be given, this Court does not find it necessary to issue any notice to the 3rd respondent for the time being. 4. In the above facts and circumstances, the respondents 1 and 2 are directed to refer the dispute raised by the petitioner for WP(C) No.3606/2010 2 adjudication by the concerned ADM within one week from the date of receipt of a copy of this judgment. On such reference, the matter shall be decided by the ADM with notice to all concerned including the petitioner and the 3rd respondent 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. The shifting of the electric line shall be effected by the respondents 1 and 2 only subject to the orders to be passed by the ADM. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc