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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mohammed Nias C.P.
Gopalakrishnan.K. – Appellant
Versus
Additional District Magistrate – Respondent
| Table of Content |
|---|
| 1. legitimacy of authority's order on property use. (Para 1 , 2 , 3 , 5) |
| 2. importance of technical surveys and public interest. (Para 4 , 8 , 9) |
| 3. limits of judicial review in administrative decisions. (Para 11 , 12 , 13) |
JUDGMENT :
Mohammed Nias C.P., J.
The petitioner challenges the order dated 28.04.2025 issued by the 1st respondent directing the drawing of a 110 KV line through the middle of the petitioner’s property. The petitioner is the son of the person in possession of 4.62 acres of land, which contains arecanut, coconut, and other plantations.
2. The 2nd respondent issued Ext. P1 notice to the petitioner’s late brother under Section 164 read with Section 185(2)(a) of the Electricity Act , 2003, and the Indian Telegraph Act , 1885. It is stated in the notice that the buildings and standing trees situated in R.S. Nos. 143 and 148 of Kolathur Village would be removed for the construction of the 110 KV DC line to Kuttikkole Sub-station within seven days from the date of the notice. It is further stated that the extent of compensation for the damage would be assessed and paid through the officers of the Board. Along with the notice, Ext. P2, a list of particulars o
Judicial review in technical matters is limited; courts respect expert opinions in public interest unless serious procedural flaws exist.
Judicial review of transmission line approvals under Telegraph Act limited to perversity or mala fides; defer to expert opinion in public interest.
The court upheld the ADM's decision allowing the upgradation of power lines while respecting the petitioner's right to compensation under the law.
The main legal point established in the judgment is that once the technical feasibility of an electricity project is approved by the appropriate Government, the landowner has no right to object to th....
Section 164 of Electricity Act, 2003, no land owner or person interested can seek for shifting or realigning of the route, on the premise that the District Collector-cum-District Magistrate, has powe....
The authority under the Indian Telegraph Act has the right to lay transmission lines on private property, prioritizing public interest and following due process, including compensation for any damage....
It is the prerogative of the transmission company to decide the route and whereas there is clear absence of any cogent and reliable material in support of the allegation of mala-fide, therefore also ....
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