IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 33177 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. SUHARA, D/O. MEETHIYAN, THACHYAIL HOUSE, ARACKAPADY.P.O. 2. SUMI.P.A, D/O. ABUBAKKER.P.A, PIRAMBILLY KUDI HOUSE, VENGOLA.P.O, ARACKAPPADY. 3. SAFIA BEEVI.K.M, W/O.P.A. ABOOBACKER, PIRMBILLY KUDI HOUSE, VENGOLA.P.O, ARACKAPPADY. 4. P.A. ABUBACKER, S/O. OORAN AHAMMED HAJI, PIRAMBILY KUDI HOUSE, VENGOLA.P.O, ARACKAPADY. 5. HAWA UMMA, W/O. LATE KOCHU MUHAMMED MUSALIYAR, PIRAMBILLY KUDI HOUSE, VENGOLA.P.O, ARACKAPDY. 6. ABDUL SHUKKOOR.P.K, S/O. LATE KOCHU MUHAMMED MUSALIYAR, PIRAMBILLY KUDI HOUSE, VENGOLA.P.O, ARACKAPDY. 7. SUBAIR.P.K, S/O. LATE KOCHU MUHAMMED MUSALIYAR, PIRAMBILLY KUDI HOUSE, VENGOLA.P.O, ARACKAPDY. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, POWER (ELECTRICITY) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. POWER GRID CORPORATION OF INDIA LTD., GOVERNMENT OF INDIA ENTERPRISES, REPRESENTED BY ITS 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. 5. THE THAHASILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR, ERNAKULAM DIST. ADV. SRI.MILLU DANDAPANI FOR R3,4 GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 33177 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th November, 2009. J U D G M E N T The petitioners have filed this writ petition alleging that respondents 3 and 4 are trying to draw electricity lines over the petitioners' property without obtaining consent or permission from the District Magistrate. The petitioners therefore seek the following reliefs: “I. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to draw the disputed 400 KV HT tower line through the properties of the petitioners and further direct the respondents Nos. 3 and 4 to draw the disputed line through the alternate route suggested by the petitioners. II. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to pay adequate compensation to the petitioners for the loss of valuable properties on account of their impugned action. III. To declare that the proposed impugned drawing of line is more prejudicial and the alternate route is more feasible, economical and causing least inconvenience. Hence the action amounts to deprive them their property without authority of law. IV. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and to pass appropriate orders on Ext. P1 and P4 representation after affording to the petitioners.” 2. The learned counsel for respondents 3 and 4 has filed a statement along with which they have filed Annexure R4 petition dated 21-11-2009 before the 2nd respondent under Section 16(1) of the Indian Telegraph Act seeking permission to draw the electricity line. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Annexure R4 application submitted by respondents 3 and 4 as W.P.C. No. 33177/09 -: 2 :- expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners also. If the petitioners produce copy of the writ petition in support of their objections, the contentions in the writ petition shall also be considered appropriately by the 2nd respondent. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.