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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 :
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.
3. Since no action was taken on the objection submitted, the petitioner’s brother filed W.P.(C) No. 38273 of 2004 before this Hon’ble Court. By Ext. P6 judgment dated 05.11.2024, this Court directed the 1st respondent to dispose of Ext. P3 objection. Pursuant thereto, a site inspection was conducted on 21.02.2025, during which the alternative route suggested by the petitioner was pointed out. Thereafter, the 2nd respondent issued a notice for a hearing on 19.03.2025 to the petitioner’s brother. The hearing was conducted, and written objections along with a sketch of the alternative route were filed, which are produced as Exts. P9 and P10.
5. T
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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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