JUDGMENT

The petitioner is stated to be in absolute ownership and possession of the properties, 16 Ares 19 Sq. Mts. and 20 Ares and 42 Sq. Mts. comprising in Re-sy Block No.14, Re-Sy. No.257/5-2 and 257/8 respectively in Pallivasal Village, Devikulam Taluk in the Revenue District of Idukki, as per Exts.P1 and P2 deeds. It is submitted that both properties are presently separated by a boundary wall constructed by the KSEB.

2. Being aggrieved by the drawing of a High Voltage Electric Line of 33 KV by the Board, the petitioner moved the District Collector with a request to shift the 33 KV Electric Distribution Line outside the property of the petitioner, through Ext.P3 petition, invoking Rule 3 of the Works of Licensees Rules framed under the Electricity Act , 2003.

3. The petitioner complains that Ext.P4 intimation was given by the first respondent without affording an opportunity of hearing and without supplying a copy of the report obtained pursuant to his application. The said contention is not disputed by the respondents by filing a counter-affidavit.

4. Under such circumstances, I am inclined to quash Ext.P4 and direct the first respondent to reconsider Ext.P3 with notice to the