IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7810 of 2009(U)
1. SIMON, S/O.SIMON,AGED 68 YRS,
... Petitioner
2. DAISY VARKEY, W/O.VARKEY,AGED 42 YEARS,
3. LAISAMMA, AGED 38 YEARS,W/O.BENNY,
4. SEBASTIAN, AGED 38 YEARS,S/O.JOSEPH,
5. SHEEJA SEBASTIAN,W/O.SEBASTIAN,AGED 32
6. CHANDI,S/O.JOSEPH,AGED 46 YEARS,
7. ALEXANDER, S/O.VARKEY, AGED 42 YEARS,
8. JOHNSON, S/O.MATHEW,AGED 45 YEARS,
9. JOHN,S/O.JOSEPH,AGED 50 YEARS,
10. SEBASTIAN, S/O.DEASSIA, AGED 58 YEARS,
11. JACOB, S/O.ULAHANNAN, AGED 39 YEARS,
12. ANNAMMA, W/O.DESSIA, AGED 90 YEARS,
13. GEORGE, M.A, S/O.ABRAHAM, AGED 52 YRS,
14. SEBASTIAN, S/O.JOSEPH,AGED 35 YEARS,
15. PHILOMINA, W/O.JOY, AGED 45 YEARS,
16. JOHNY,S/O.JOSEPH,AGED 38 YEARS,
17. JOSEPH, S.O.JOSEPH,AGED 50 YEARS,
18. JOSEPH, S/O.ULAHANNAN,AGED 42 YEARS,
19. DOMINIC,S/O.THOMAS,AGED 40 YEARS,
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE ASSISTANT EXECUTIVE ENGINEER,
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :17/03/2009
O R D E R
K.M.JOSEPH, J.
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W.P.(C) No. 7810 of 2009-U
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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