IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 7810 of 2009(U) ------------------------------------- PETITIONER(S): ---------------------- 1. SIMON, S/O.SIMON,AGED 68 YEARS, PUTHIYAKULANGARA,IRITTY.PO, KANNUR. 2. DAISY VARKEY, W/O.VARKEY,AGED 42 YEARS, PUTHIYAKULANGARA,IRITTY.PO, KANNUR. 3. LAISAMMA, AGED 38 YEARS,W/O.BENNY, PUTHIYAKULANGARA,IRITTY.PO, KANNUR. 4. SEBASTIAN, AGED 38 YEARS,S/O.JOSEPH, THACHARUKUDIYIL, IRITTY.PO, KANNUR. 5. SHEEJA SEBASTIAN,W/O.SEBASTIAN,AGED 32 YEARS,THACHARAKUDIYIL, IRITTY.PO, KANNUR. 6. CHANDI,S/O.JOSEPH,AGED 46 YEARS, THACHARUKUDIYIL,IRITTY.PO, KANNUR. 7. ALEXANDER, S/O.VARKEY, AGED 42 YEARS, THACHARUKUDIYIL, IRITTY.PO, KANNUR. 8. JOHNSON, S/O.MATHEW,AGED 45 YEARS, KULATHINAKAL, IRITTY.P.O, KANNUR. 9. JOHN,S/O.JOSEPH,AGED 50 YEARS, EDAMURI, IRITTY.PO, KANNUR. 10. SEBASTIAN, S/O.DEASSIA, AGED 58 YEARS, PAYYANADU, IRITTY.PO, KANNUR. 11. JACOB, S/O.ULAHANNAN, AGED 39 YEARS, KURUVANTHANATHU, IRITTY.PO, KANNUR. 12. ANNAMMA, W/O.DESSIA, AGED 90 YEARS, PAYYANADU, IRITTY.PO, KANNUR. 13. GEORGE, M.A, S/O.ABRAHAM, AGED 52 YEARS, MANJALANKUNNU, IRITTY.PO, KANNUR. 14. SEBASTIAN, S/O.JOSEPH,AGED 35 YEARS, PODIMATTATHIL, IRITTY.PO, KANNUR. 15. PHILOMINA, W/O.JOY, AGED 45 YEARS, CHUNALIKKATTU, IRITTY.PO, KANNUR. 16. JOHNY,S/O.JOSEPH,AGED 38 YEARS, PODIMATTATHIL, IRITTY.PO, KANNUR. 17. JOSEPH, S.O.JOSEPH,AGED 50 YEARS, PODIMATTATHIL, IRITTY.PO, KANNUR. 18. JOSEPH, S/O.ULAHANNAN,AGED 42 YEARS, KURUVANTHANATH, IRITTY.PO, KANNUR. 19. DOMINIC,S/O.THOMAS,AGED 40 YEARS, KUZHIPPALLY, IRITTY.PO, KANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, SUB STATION, SUB DIVISION, THALASSERY, POONYAM WEST.PO, KANNUR. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, SUB STATION, SUB DIVISION, KANNUR. 4. THE ASSISTANT ENGINEER, T.C.SECTION, IRITTY P.O., CHAVASSERY, KANNUR. BY STANDING COUNSEL SRI.P.P.THAJUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 7810 of 2009-U ---------------------------------------------- Dated, this the 17th day of March, 2009 J U D G M E N T The issue relates to the drawing of 110 K.V. line to which the petitioners have objection. According to the petitioners they have consented only to drawing of 66 K.V. line. Now, what is sought to be drawn is 110 K.V. line. They have resistance to the drawing of line. 2. Learned standing counsel for the Kerala State Electricity Board, on instruction, would submit that, in view of the resistance of the petitioners as expressed in the writ petition the matter can be referred to the Additional District Magistrate. The writ petition is accordingly allowed. There will be a direction to the 2nd respondent to refer the matter regarding permission to the concerned Additional District Magistrate who will take a decision in accordance with law, with opportunity to the parties. In view of the urgency pressed by the learned standing counsel, there will be a further direction to the Additional District Magistrate to dispose of the matter within six weeks from the date of receipt of the WPC No. 7810/2009 -2- petition from the 2nd respondent. Needless to say, unless permission is granted under Section 16, the 2nd respondent cannot do any of the acts which are prohibited under law. (K.M.JOSEPH) JUDGE. MS