IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 9848 of 2009(A) ------------------------------------ PETITIONER(S): ---------------------- 1. UNNIKRISHNAN, SREEVALLABHESWARATHU VEETTIL,KEERIKKAD. 2. GEETHA, DO. DO. 3. VIJAYAMMA, DO. DO. 4. DHARMACHANDRAN PILLAI, DO. DO. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENT(S): ------------------------ 1. ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION CONSTRUCTION SUB DIVISION, K.S.E.B., MAVELIKKARA. 2. ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, THIRUVANANTHAPURAM. R1 & R3 BY STANDING COUNSEL SRI.P.P.THAJUDEEN. R2 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.9848 of 2009-A ---------------------------------------------- Dated, this the 8th day of April, 2009 J U D G M E N T By the consent of the learned counsel for the parties to the lis, the matter is taken up for hearing. 2. I heard learned counsel for the petitioner, learned standing counsel for the K.S.E.B and also the learned Government Pleader. Petitioners challenge Ext.P4. By Ext.P4 the Additional District Magistrate, Alappuzha has granted permission to draw line. Petitioners suggested alternate route. Though there is reference to the contentions, there is no reason why the alternate route is not accepted. It is only stated in the order that the proposed route is only viable route. Having regard to the decision in Valsamma Thomas Vs. Additional District Magistrate (1997 (2) KLT 979) Ext.P4 cannot be sustained. Petitioners/representatives of the petitioners and the Ist respondent shall be present before the Additional District Magistrate on 22.4.2009. He will proceed to hear them and take a decision in accordance with law, within a period of two weeks from the date of hearing. (K.M.JOSEPH) JUDGE. MS