IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 27172 of 2009(N) -------------------------- PETITIONER(S): --------------- KADALAKKAVU BHAGAVATHY TEMPLE, VENGOLA, TANK CITY, VALAYANCHIRANGARA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS PRESIDENT K.PRABHAKARAN PILLAI. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF POWER (ELECTRICITY), SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. POWER GRID CORPORATION OF INDIA LTD., GOVERNMENT OF INDIA ENTERPRISES, REPRESENTED BY THE GENERAL MANAGER, SR II 32 RACE COURSE ROAD, SAHAKARA BHAVAN, BANGALORE-560 001. 4. CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD., CONSTRUCTION AREA OFFICE, CHANDINI PLOT NO.190-B, MAVELIPURAM COLONY, KAKKANAD, KOCHI-682 020. BY SR GOVERNMENT PLEADER MR.K.S.MOHAMMAD HASHIM ADV. MR..MILLU DANDAPANI FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, ALONG WITH WP(C) NO. 27195 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27172 of 2009(N) APPENDIX PETITIONER'S EXHIBIT'S: EXT.P1 - A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT OF THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2 - A TRUE COPY OF THE ROUGHT SKETCH. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................................... W.P(C) Nos. 27172 & 27195 of 2009 ............................................................... Dated this the 8th day of October, 2009 J U D G M E N T Petitioners in these writ petitions are persons residing in Vengola, Perumbavoor, Ernakulam District. They are aggrieved by the drawing of 400 KV HT electric line over their properties, by the 3rd respondent Power Grid Corporation of India Ltd. In this regard the petitioners have filed Ext.P2 in W.P(C) No. 27195 of 2009 and Ext.P1 in W.P(C) No. 27172 of 2009 before the District Collector, Ernakulam, who is the authority under the Indian Telegraph Act, for granting permission to draw electric lines over private properties, when the owners of the properties object to such drawing of electric lines. The petitioner's contention is that there are other alternate routes available for drawing the electric lines. They also submit that the 3rd respondent has not obtained orders under the Indian Telegraphic Act from the District Collector for drawing the electric lines. 2. Respondents 3 and 4 have filed a statement along with which they have filed Annexure R4 petition filed by them before the District Collector, Ernakulam on 5.10.2009 under the Indian W.P(C) Nos. 27172 & 27195 of 2009 -2- Telegraph Act for permission to draw the lines. 3. In view of the facts and circumstances of the case, I feel that it is only appropriate that the District Collector passes orders on Annexure R4 submitted by the respondents 3 and 4, after considering the objections of the petitioners in these two writ petitions also and affording an opportunity of being heard to a representative of the petitioners. 4. Accordingly these writ petitions are disposed of directing the District Collector, Ernakulam to consider and pass orders on Ext.P4 application dated 5.10.2009 submitted by the Power Grid Corporation of India Ltd., under Section 10 of the Indian Telegraph Act, after considering the objections of the petitioners contained in Exts.P2 and P1 in these two writ petitions and after affording an opportunity of being heard to a representative of the petitioners as well as the Power Grid Corporation of India Ltd. Such orders shall be passed, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition before the District Collector for this purpose. S. SIRI JAGAN, JUDGE rhs