IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6822 of 2009(W) ------------------------- PETITIONER(S): --------------- P.T. JOHNY ALEX @ DENNY THOMAS, PAZHAMPILLY HOUSE, DONBOSCO ROAD, VADUTHALA, KOCHI - 682 023. BY ADV. SRI.NELSON J.MANAYIL SRI.S.RUSSEL RESPONDENT(S): --------------- 1. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, H.M.T. COLONY.P.O, KALAMASSERY - 683 503. 2. THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, KALAMASSERY BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 6822 OF 2009 W ```````````````````````````````````````````````````` Dated this the 3rd day of March, 2009 J U D G M E N T Petitioner allegedly runs a resort. There was an acquisition of some land from the Island wherein the resort is conducted. A 66 KV line is drawn through the said resort, according to the petitioner, in the early eighties. The complaint is that the respondents have started digging for the basement to the second tower to replace the old tower. The petitioner filed Ext.P3 objection. Ext.P4 is the reply. Learned counsel for the petitioner submits that the construction is illegal. Learned standing counsel, on instructions, submits that in view of the objection, the matter can be referred to the Magistrate. He also submits that the construction has been stopped. I record the submission of the learned standing counsel and dispose of the writ petition directing that the matter will be referred to the concerned ADM and only if permission is obtained from the ADM, any further work can be done. The ADM will necessarily have to afford an opportunity of hearing to the petitioner before WPC.6822/09 : 2 : any decision is taken. In view of the urgency pressed by the learned standing counsel, it is directed that the ADM will take a decision in the matter within two months from the date of which the matter is referred to him by the Department. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE