IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 33017 of 2011(B) -------------------------- PETITIONER(S): --------------- ANJALI HOTELS PRIVATE LIMITED CASINO AIR-CATERERS & FLIGHT SERVICES, NEDUMBASSERY, NAYATHODU P.O.,ANGAMALY-683572 REP.BY ITS GENERAL MANAGER,SRI.V.B.RAJAN, BY ADV. SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, REP.BY ITS SECRETARY PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004 2. THE ASSISTANT EXECUTIVE ENGINEER, LINE MANINTENECE SUB DIVISION, 110 KV SUB STATION COMPOUND, CHALAKUDY-680307 THRISSUR DIST 3. THE ADDITIONAL DISTRICT MAGISTRATE ERNAKULAM, CIVIL STATION, KAKKANAD P.O., KOCHI-682030 4. MR.IBRAHIMKUTTY, ALUMBARAK MANZIL, VENGARA KARA, THODIYOOR NORTH P.O.,690523 KARUNAGAPPALLY TALUK, KOLLAM DIST 5. MRS.FATHIMA BEEVI, THANDANTAKATH VEETTIL, VENGARA MURI, THODIYOOR P.O.,690568 KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DIST 6. MR.ANWAR SADATH, THADATTAKATH VEETTIL VENGARA MURI ,THODIYOOR P.O.,695668 KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK KOLLAM DIST 7. MR.MUHAMED ANSAR, THANDANTTAKATH VEETTIL VENGARA MURI, THODIYOOR P.O-690523 KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK KOLLAM DIST 8. MRS.ELAMMA POULOSE, THANDAKADU HOUOSE AKAPPARAMBU, MEKKAD P.O.,683589 NEDUMBASSERY VILLAGE, ALUVA TALUK ERNAKULAM DIST BY GOVT. PLEADER SRI.G.GOPAKUMAR SRI.SAJEEV KUMAR K.GOPAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 33017/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DTD 18/3/2011 IN WPC.NO.5203/2011 EXT.P2:- TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DTD 21/10/2011 IN WPC NO.28000/2011 EXT.P3:- TRUE COPY OF THE ROUGH SKETCH OF THE LOCATION AND ROUTE OF THE TOWER LINE PRODUCED BY THE 8TH RESPONDENT HEREIN IN WPC NO.28000/2011 EXT.P4:- TRUE COPY OF THE SITE PLAN OF THE PETITIONER. EXT.P5:- TRUE COPY OF THE PETITIONER'S OBJECTIONS DTD 7/12/2011 SUBMITTED BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33017 OF 2011 -------------------------- Dated this the 12th day of December, 2011 J U D G M E N T The petitioner, a company incorporated under the Companies Act, 1956, is inter alia engaged in air catering and flight services at Nedumbassery. This writ petition is filed apprehending that in view of the objection raised by respondents 4 to 8 to the drawing of an electricity line through their lands, respondents 1 and 2 are taking steps to draw the electricity line through the land belonging to the petitioner wherein the petitioner is running an establishment employing nearly 300 employees. It is contended that if, instead of drawing the line through the paddy fields belonging to respondents 4 to 8, the line is drawn through and across the property of the petitioner, the petitioner will be put to prejudice. The petitioner states that pointing out the inconvenience which will be caused to the petitioner, the General Manager of the petitioner has already filed Ext.P5 representation before the Additional District Magistrate, Ernakulam whose jurisdiction has been invoked by WPC No.33017/2011 2 the second respondent in view of the objection raised by respondents 4 to 8. In this writ petition, the petitioner seeks a direction to the Additional District Magistrate to consider Ext.P5 representation and to afford the petitioner also an opportunity of being heard before passing orders on the application filed by the second respondent for permission to draw the electricity line through and across the land belonging to respondents 4 to 8. 2. When the writ petition came up for hearing today, Sri.G.Gopakumar, the learned Government Pleader appearing for the Additional District Magistrate, Ernakulam and Sri.Sajeev Kumar K.Gopal, learned sanding counsel appearing for the Kerala State Electricity Board submitted that in view of the apprehension entertained by the petitioner, the Additional District Magistrate will issue notice to and hear the petitioner also before taking a decision on the application filed by the second respondent for permission to draw the electricity line through the lands belonging to respondents 4 to 8. I accordingly dispose of the writ petition with a direction to the third respondent to issue notice and to hear the petitioner WPC No.33017/2011 3 also before taking a decision on the application filed by the second respondent under section 16 of the Indian Telegraph Act, 1985 consequent on the objection raised by respondents 4 to 8 to the proposal of the Board to draw electricity line through and across their lands. In view of the fact that the petitioner will have to be heard, I deem it appropriate to enlarge the time fixed by this Court in Ext.P2 judgment by a period of one month from the date on which the petitioner or the Board produces a certified copy of this judgment before the third respondent. Until such time, the status quo as on today shall be maintained. The Additional District Magistrate shall ensure that copies of Ext.P5 and any other objection which the petitioner may file are served on respondents 4 to 8 also. P.N.RAVINDRAN, (JUDGE) vps WPC No.33017/2011 4