IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 15214 of 2008(J) -------------------------- PETITIONER: ------------ 1. GEORGE ARUVIYIL, AGED 65 YEARS, S/O. MATHEW, RESIDING AT KAKKAKOODUNGAL, KOODARANJI P.O., KOZHIKODE-673 604. 2. K.C. TRESSIAMMA ARUVIYIL, AGED 62 YEARS, W/O. GEORGE, RESIDING AT KAKKAKOODUNGAL, KOODARANJI P.O., KOZHIKODE-673 604 3. ABDULSALAM, AGED 51 YEARS, S/O. MOYINKUTTY, RESIDING AT KEELATH HOUSE, KUMARANALLOOR P.O., KOZHIKODE-673 602. 4. MUHAMMADAJI, AGED 55 YEARS, S/O. USMAN HAJI, RESIDING AT KEELATH HOUSE, MUKKAM P.O., KOZHIKODE-673 602. 5. AYUSHUMMA HAJUMMA, AGED 71 YEARS, W/O. USMAN HAJI K., RESIDING AT KEELATH HOUSE, KUMARANALLOOR P.O., KOZHIKODE-673 602. 6. NABEESA, AGED 43 YEARS, W/O. ASSAINAR, RESIDING AT KAYYANGARA HOUSE, KUMARANALLOOR P.O., KOZHIKODE-673 602. 7. RASEENA, AGED 30 YEARS, W/O. HAMEED, RESIDING AT KAYYANGARA HOUSE, KUMARANALLOOR P.O., KOZHIKODE-673 602. 8. ABDUL HAMEED, AGED 38 YEARS, S/O. MUHAMMED, RESIDING AT KAYYANGARA HOUSE, KUMARANALLOOR P.O., KOZHIKODE-673 602. 9. ABDUL AZEEZ, AGED 50 YEARS, S/O. MUHAMMED KUTTY HAJI, KAVUNGAL HOUSE, (VIA) MUKKAM, KOZHIKODE-673 602. 10. ASHARAF, AGED 47 YEARS, S/O. MUHAMMAD HAJI, KAVUNGAL HOUSE, (VIA) MUKKAM, KOZHIKODE-673 602. 11. NAZAR, AGED 43 YEARS, S/O. MUHAMMAD HAJI, KAVUNGAL HOUSE, (VIA) MUKKAM, KOZHIKODE-673 602. 12. N.P. SULAIMAN, AGED 47 YEARS, S/O. PAREEKUTTY HAJI, PATTOTH HOUSE, P.O. KOODARANJI, (VIA) MUKKAM, KOZHIKODE-673604. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF POWER & ENERGY, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, KOZHIKODE DIST. 4. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDHYUTHI BHAVAN, PATTOM, TRIVANDRUM. ADDL.R5 POWER GRID CORPORATION OF INDIA LTD., CONSTRUCTION AREA OFFICE, KAKKANAD, KOCHI-682030, REPRESENTED BY ITS CHIEF MANAGER (IMPLEADED AS ADDL.R5 AS PER ORDER DT 13.6.08 IN IA.7116/08) BY ASST.S.G. SRI.P.PARAMESWARAN NAIR FOR R1 SRI.MILLU DANDAPANI FOR ADDL.R5 SRI.P.P.THAJUDEEN, SC, KSEB FOR R4 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN FOR R2 & 3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 15214 OF 2008 J ```````````````````````````````````````````````````` Dated this the 20th day of June, 2008 J U D G M E N T Petitioners seek the following reliefs. (i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to stop all further proceeding to draw the electricity transmission line through the Kozhikode District without checking out the feasibility of drawing the line through the alternate route as evidenced by Ext.P2. (ii) To declare that the respondent cannot dispose the land owner or destroy the vegetations without survey with notice to the property owner, hearing objections and determination of the compensation payable to the affected parties. Case of the petitioner in brief is as follows. The issue relates to the drawal of Mysore-Arecode 400 KV transmission line through the thickly populated areas of Kozhikode district. According to the petitioners, it will cause serious threat to the WPC.15214/08 : 2 : livelihood of the inhabitants of the area who are farmers. Almost the entire property belonging to the petitioners which is planted with rubber and which is the only means of their livelihood will be seriously affected by the drawal of the line. There is an Action Council and it has submitted Ext.P1 representation before the 3rd respondent. There was an alignment earlier and subsequent to the filing of a writ petition before this Court the alignment was changed and the proposed route is selected at the instance of the 3rd respondent and the President of Karassery Panchayat, who is a Marxist follower. Alternate route for drawing the electricity line is produced as Ext.P2. The 2nd petitioner has filed Ext.P3 representation before the 3rd respondent pointing out the difficulties caused by the proposed line. 2. I heard the learned counsel for the petitioners and the learned counsel for the respondents. The learned counsel for the additional 5th respondent would submit that the same issue was raised before this Court in WP(C) WPC.15214/08 : 3 : No.22864/07. I feel that it is not for this Court to issue directions to stop the drawing of the line. Apparently, this matter received attention of the experts as stated in the judgment. In such circumstances, the directions sought for in the writ petition cannot be considered and the writ petition is liable to be dismissed. I do so without prejudice to the right available to the petitioners in law. (K.M.JOSEPH, JUDGE) aks