Due process requires that property owners be provided a hearing before any decisions affecting their property rights are made by authorities.

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 petitioner. The copies of the reports to be relied on by the first respondent shall also be furnished to the petitioner. The KSEB shall also be heard while deciding on Ext.P3. Orders, as directed above, shall be passed within two months from the date of receipt of a copy of this judgment. All the contentions of the parties are left open.

The writ petition is disposed of as above.

Sd/-