IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 1882 of 2011(I) ------------------------------------ PETITIONER(S): ------------------------ JOHNY E.C., S/O. CHACKUNNY, AGED 61 YRS, ELANJIPPILLY HOUSE, MELADOOR P.O., ALATHUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): -------------------------- 1. THE ADDL. DISTRICT MAGISTRATE, ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM, KOCHI-30. 2. KERALA STATE ELECTRICITY BOARD, REP.BY ITS ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, KSEB OFFICE COMPLEX, CHALAKUDY, PIN-680 307. R1 BY GOVERNMENT PLEADER SRI. BASABT BALAJI R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1882 OF 2011 -------------------------- Dated this the 10th day of February, 2011 J U D G M E N T The petitioner, who has objected to the drawing of a 33 kilowatts high tension line across his property, which dispute is presently pending before the Additional District Magistrate, Ernakulam, has filed this writ petition seeking a direction to the second respondent the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) and its officers not to enter his property for the purpose of drawing the electricity line. The writ petition proceeds on the basis that though the Additional District Magistrate is yet to pass final orders on the petition filed by the Board and its officers to remove the obstruction caused to by the petitioner, the Board is proposing to draw the line. The Board has filed a counter affidavit through the Assistant Executive Engineer attached to the office of the learned standing counsel of the Board at Ernakulam. It is stated that though before this Court intervened and directed the Additional District Magistrate to examine the dispute, a few posts were erected in the petitioner's lands but the work was stopped later. It is stated that Ext.P13 photographs were WPC No.1882/2011 2 taken at that stage and that after the dispute was referred to the Additional District Magistrate, the work has been stopped. Reference is made to Ext.R2(b) letter send by the contractor to whom the work was awarded by the Assistant Executive Engineer concerned. In view of the averments in the counter affidavit filed on behalf of the Board, I am of the opinion that the apprehension of the petitioner is misplaced. I accordingly dispose of the writ petition recording the submissions made on behalf of the Board that the electricity line will be drawn across the petitioner's lands only after the requisite permission is obtained from the Additional District Magistrate. P.N.RAVINDRAN, (JUDGE) vps WPC No.1882/2011 3 WPC No.1882/2011 4