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2010 Supreme(Ker) 300

P.R.RAMACHANDRA MENON
Ajith K. N. – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For Petitioner:D. Somasundaram, Advocate. For Respondent:Millu Dandapani, Advocate.

Judgment :

1. To what extent interference is possible or warranted in a Writ Petition under Article 226 of the Constitution of India, challenging sustainability of the order passed by the Statutory Authority/Addl.District Magistrate invoking the relevant provisions under the Indian Telegraph Act, with regard to drawing of electric lines through the property of the third parties, is the issue involved in this case.

2. The petitioners are challenging Ext.P11 order passed by the 7th respondent enabling the 4th respondent to draw 400 K.V. High Tension electric line passing through Vengola / Valayanchirangara / Rayamangalam village areas in Kunnathunadu Taluk, in Ernakulam district through the route proposed by the 4th respondent. The case of the petitioners is that Ext.P4 alternate route suggested by them is much more economical and feasible than the route proposed by the 4th respondent and that if the line is drawn through the alternate route proposed by the petitioners, it will mostly pass through the uncultivated paddy fields, requiring only about 400 rubber trees to be cut and removed; whereas if the route, specified by the 4th respondent and confirmed by the 7th respondent vide Ex





















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