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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