IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 11567 of 2009(M) -------------------------- PETITIONER(S): ------------------- WATER FRONT ENCLAVE RESIDENT'S ASSOCIATION, WATER FRONT ENCLAVE, CHILAVANNOOR, KOCHI-20, REPRESENTED BY ITS SECRETARY - V.K. NAIR. BY ADV. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY RESPONDENT(S): ------------------- 1. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, K.S.E BOARD, ERNAKULAM, KOCHI-18. 2. THE ASSISTANT EXECUTIVE ENGIEER, ELECTRICAL MAJOR SECTION, K.S.E BOARD, GIRINAGAR, KOCHI-20. 3. THE DISTRICT COLLECTOR, KAKKANAD, ERNAKULAM. 4. CORPORATION OF KOCHI, ERNAKULAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR SRI.S.RAMESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, ALONG WITH WPC NO. 12437 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 11567 & 12437 OF 2009 ========================= Dated this the 23rd day of May, 2009 J U D G M E N T In these writ petitions, the grievances raised being common, the cases are heard and disposed of by this common judgment. 2. In so far as WP(C) No.11567/09 is concerned, the petitioner is Water Front Enclave Residents Association. They were aggrieved by the electric posts that were installed by the respondent Board at a busy junction known as the Chilavannoor Water Front Road Junction. They have been requesting the authorities to shift the electric posts. According to the petitioners, not only that their complaints are ignored, but the respondents were proposing to install a transformer in the objectionable location. It was at that stage after filing Ext.P2 complaint, the writ petition was filed. 3. In so far as WP(C) No.12437/09 is concerned, the petitioners are residents of the aforesaid area. Their grievance is against Ext.P3, an order passed by the Additional District Magistrate exercising his powers under the Indian Telegraph Act and ordering that the transformer be installed at the place WPC 11567 & 12437 /09 :2 : objected to by the petitioner in WP(C) NO.11567/09, as the location is in close proximity to the residential houses of the petitioners. From Ext.P3 in WP(C) NO.12437/09, it would appear that when steps were initiated for the installation of the transformer at a particular location, that was objected to, necessitating proceedings before the Additional District Magistrate resulting in Ext.P3. By Ext.P3, it has been ordered that the transformer be installed at the location objected by the petitioners herein. 4. The admitted factual position is that while passing such an order, the petitioners in these writ petitions who are affected by such order were not put on notice nor were they heard. In my view, when an order in the nature of Ext.P3 referred to above is passed, it is only appropriate that the Additional District Magistrate shall hear all the affected parties. 5. Therefore, I set aside Ext.P3 in WP(C) NO.12437/09 and direct that the Additional District Magistrate shall reconsider the request made by the Assistant Executive Engineer, KSEB, Ernakulam and pass orders thereon with notice to the petitioners in these cases or anybody else, who is likely to be affected by WPC 11567 & 12437 /09 :3 : such order. 6. Petitioners may produce a copy of this judgment before the Additional District Magistrate, who shall reconsider the matter as directed above, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp