High Court Kerala High Court

Kadalakkavu Bhagavathy Temple vs State Of Kerala on 8 October, 2009

Kerala High Court
Kadalakkavu Bhagavathy Temple vs State Of Kerala on 8 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27172 of 2009(N)


1. KADALAKKAVU BHAGAVATHY TEMPLE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. DISTRICT COLLECTOR, ERNAKULAM.

3. POWER GRID CORPORATION OF INDIA LTD.,

4. CHIEF MANAGER,

                For Petitioner  :SRI.D.SOMASUNDARAM

                For Respondent  :SRI.MILLU DANDAPANI

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :08/10/2009

 O R D E R
                            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
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