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2013 Supreme(Ker) 378

A.M.SHAFFIQUE
Elizabeth George – Appellant
Versus
Deputy Chief Engineer, Transmission Circle, KSEB – Respondent


Advocates Appeared:
For the Petitioners:Jose J. Mathaikal, Advocate.
For the Respondents: R1-R2, P. Santhalingam, Sr. Adv., R3, Noushad Thottathil, Government Pleader.

Judgment :

1. Since common questions arise for consideration in the above writ petitions those are decided together.

2. W.P.(C) No. 3240/2010 is filed challenging an order passed by the District Magistrate under Section 16 of the Indian Telegraph Act, 1885 proposing to draw a 110 KV electric line from Tower No.139 through Padinjarekkara estate to the substation at Kanakappalam near Erumely.

3. Petitioners are owners of property through which the proposed line from Tower No.139 is to be drawn. Their complaint is that the original alignment of the 110 KV line was shifted from Tower No.136 to Tower No.139 without properly considering the directions issued by this court and without conducting a proper techno-economical feasibility study by the authorities. Some of the petitioners have a complaint that they were not heard before passing the impugned order.

4. The facts as disclosed would reveal that alignment of the 110 KV line from Tower No.136 was originally approved by KSEB as well as the District Magistrate. Certain persons residing in the said alignment of the electric line, approached this Court by filing writ petitions and by a common judgment dated 20.10.2008 in W.P.(C)Nos.27725



















































































































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