Chandran M. v. The District Collector, Wayanad

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 15376 of 2015 (V) ------------------------------------- PETITIONERS:

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1. CHANDRAN M. AGED 55 YEARS S/O.LATE ANANTHAN CHETTIAR, MANJALAM VEEDU VADUVANACHAL P O, MUPPAINAD, VYTHIRI TALUK KALPETTA, WAYANAD DISTRICT

2. C K MEENAKSHIAMMA, AGED 70 YEARS W/O.LATE ANANTHAN CHETTIAR, MANJALAM VEEDU VADUVANACHAL P O, MUPPAINAD, VYTHIRI TALUK KALPETTA, WAYANAD DISTRICT

3. SASI S/O.LATE ANANTHAN CHETTIAR, MANJALAM VEEDU VADUVANACHAL P O, MUPPAINAD, VYTHIRI TALUK KALPETTA, WAYANAD DISTRICT

4. YASODHA D/O.LATE ANANTHAN CHETTIAR, MANJALAM VEEDU VADUVANACHAL P O, MUPPAINAD, VYTHIRI TALUK KALPETTA, WAYANAD DISTRICT

5. ANIL M S/O.LATE ANANTHAN CHETTIAR, MANJALAM VEEDU VADUVANACHAL P O, MUPPAINAD, VYTHIRI TALUK KALPETTA, WAYANAD DISTRICT BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS:

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1. THE DISTRICT COLLECTOR, WAYANAD DISTRICT, COLLECTORATE, WAYANAD 673121

2. THE ADDITIONAL DISTRICT MAGISTRATE WAYANAD DIST, WAYANAD 673121

3. THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION KERALA STATE ELECTRICITY BOARD, KALPETTA WAYANAD DIST. 673121 R1 AND R2 BY SR. GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN R3 BY SRI.K.M.SATHYANATHA MENON, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15376 of 2015 (V) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE ROUGH SKETCH SHOWING THE LIE OF THE PROPERTY P2:- TRUE COPY OF THE OBJECTION/PETITION DTD 31/3/2014 SUBMITTED BEFORE THE IST RESPONDENT P3:- TRUE COPY OF THE NOTICE NO 2014/10156/12 DTD 4/9/2014 ISSUED BY THE 2ND RESPONDENT P4:_ TRUE COPY OF THE OBJECTION DTD 20/9/2014 SUBMITTED BEFORE THE 2ND RESPONDENT P5:- TRUE COPY OF THE ORDER NO MS/2014/10516/12 DTD 25/2/2015 P6:- TRUE COPY OF THE REPRESENTATION DTD 6/4/2015 SUBMITTED BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 15376 OF 2015 ---------------------------------------- Dated this the 26th day of May, 2015

JUDGMENT

Ext. P5 order passed in terms of Section 16 of the Indian Telegraph Act is impugned. The order reflects that the electricity line is proposed to be drawn along a pathway only. The alternate route suggested by the petitioners runs through a private estate for which permission of the owner has to be obtained.

2.

The second respondent had called for a report by the Senior Superintendent (Inspection and Audit Wing). It was on the basis of the report and the evidence on record was Ext. P5 order passed. The second respondent has found that the route proposed is technically feasible and economically viable too.

3.

I do not find any vitiating circumstances to annul Ext. P5 order at the instance of the petitioners. No legal injury to the petitioners has been established in the proceedings. Ext. P5 order does not suffer from any infirmity in law as to necessitate its invalidation.

The writ petition is dismissed.

V. CHITAMBARESH JUDGE DCS